Cousar Mercantile Co. v. Southern Ry.
Supreme Court of South Carolina
Before Wilson, J., Chester, November, 1907. Action by the Cousar Mercantile Company against Southern Railway. From judgment for plaintiff, defendant appeals.
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Before Wilson, J., Chester, November, 1907. Action by the Cousar Mercantile Company against Southern Railway. From judgment for plaintiff, defendant appeals. Mr. McDonald cites: Goods having only been delayed, plaintiff not entitled to penalty remedy: 5 Rich., 46; 7 Rich., 190; 71 S. C., 337; 75 S. C., 38; 79 S. C., 297; 76 S. C., 338; 72 S. C., 483; 75 S. C., 20. Consignee should accept goods and sue for damage caused by delay: 2 Hutch, on Car., sec. 651; 3 Hutch, on Car., sec. 1365; Moore on Car., 197-8; 5 Ency., 220-1; 5 Rich., 56; 7 Rich., 190; 79 S. C., 300. cites: Statute must be…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff recovered judgment against defendant for $80.84, for the value of a shipment of freight alleged to have been lost and $50 penalty for fail ure to adjust the claim filed for said loss within ninety-days.
It appeared that the freight was delivered to the defendant at South Boston, Va., on December 12, 1906, for delivery to the plaintiff, consignee, at Chester, S. C. The goods not having arrived by January 2, 1907, plaintiff on that day filed its claim as for lost goods valued at $80.84. There was some evidence that such a…
2Cases cited1 opinion
- Moody v. Southern Ry.Supreme Court of South Carolina · 1908
3Cited by3 opinions
- McCray v. StateSupreme Court of Georgia · 1910
- McGrath Bros. v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1912
- Stewart & Co. v. StephensCourt of Appeals of Georgia · 1910