Ray v. Southern Ry. Co.
Supreme Court of South Carolina
Before Rice, J., Bamberg, July, 1913. Action by S. S. Ray against Southern Ry. Co. in court of magistrate S. G.'Ray. Defendant appeals. Plaintiff must recover whole amount of claim filed to entitle him to penalty: 83 S. C. 309, 470; 73 S. C. 483; 80 S. C. 534; 83 S. C. 307, 375; 89 S. C. 419. As to the construction of the penalty statute: 36 Cyc. 1106, 1138, 1137, 1163. Freight is not necessary part of claim: 73 S. C. 543.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods. The plaintiff filed a claim against the defendant railroad company for $4.65, the value of three pairs of shoes, lost in transit from St. Louis, Missouri, to Denmark, South Carolina, and thirty-six cents freight thereon. Upon the failure of the carrier to pay the claim within forty days, the plaintiff brought this action in a magistrate’s court for $4.65 and the statutory penalty of $50.00, without including the item of thirty-six cents for freight. The defendant offered to allow judgment for $4.65, the value of the goods, but…
2Cited by3 opinions
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