Irby v. Southern Express Co.
Supreme Court of South Carolina
Before Ernest Gary, J., Sumter, Action by B. C. Irby against Southern Express Company. Defendant appeals. cite: Special damages are not recoverable unless the special circumstances were known to the pan'ty who broke the contract: 25 S. C. 71; 40 S. C. 524; 76 S. C. 338; 79 S. C. 157; 81 S. C. 536; 83 S. C. 503; 74 S. C. 295; 71 S. C. 82; 85 S. C. 22; 71 S. C. 211; 23 L. J. R. 179. The carrier is entitled to know the value of the goods: 112 U. S. 331; 72 S. C. 375; 98 Ga.…
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Before Ernest Gary, J., Sumter, Action by B. C. Irby against Southern Express Company. Defendant appeals. cite: Special damages are not recoverable unless the special circumstances were known to the pan'ty who broke the contract: 25 S. C. 71; 40 S. C. 524; 76 S. C. 338; 79 S. C. 157; 81 S. C. 536; 83 S. C. 503; 74 S. C. 295; 71 S. C. 82; 85 S. C. 22; 71 S. C. 211; 23 L. J. R. 179. The carrier is entitled to know the value of the goods: 112 U. S. 331; 72 S. C. 375; 98 Ga. 268; 39 S. C. 55; 73 S. C. 289; 82 S. C. 249. Assent of shipper to limited value is assumed: 6 Cyc. 404; 62 S. C. 1; 19 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Eraser.
This is an action by the plaintiff for damages for the loss of a plat of a large tract of land, delivered to the express company at Boykin, S. C., to be forwarded to persons at Bennettsville, S. C. The package was lost. The agent of the defendant asked the .value of the package and the plaintiff said it was a plat, but she did not know the value. The agent then issued a receipt for the package, which limited the demand for its loss to fifty dollars, no value being stated. The damages claimed were placed at five hundred dollars and…
2Cases cited3 opinions
- Harbert v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1906
- McCandless v. MobleySupreme Court of South Carolina · 1908
- Visanska v. Southern Express Co.Supreme Court of South Carolina · 1912
3Cited by2 opinions
- St. Louis S. F. R. Co. v. MountsSupreme Court of Oklahoma · 1914
- Mims v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1915