Legal Opinion

Bottum v. Charleston & Western Carolina Ry.

Supreme Court of South Carolina

Decided October 7, 1905PublishedCited by 8 opinions

Before Gage, J., Greenville, November term, 1904. Action by Bertha, C. Bottom against Charleston and Western Carolina Railway Co. From judgment for plaintiff, defendant appeals. Mr. Simpson cites: After marking, plaintiff is estopped from claiming that box contained anything but glass: 6 Cyc., 401; and plaintiff can only recover for glass: 62 S. C., 414; 72 Am. R., 937; 158 U. S., 98; 37 Am.

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Before Gage, J., Greenville, November term, 1904. Action by Bertha, C. Bottom against Charleston and Western Carolina Railway Co. From judgment for plaintiff, defendant appeals. Mr. Simpson cites: After marking, plaintiff is estopped from claiming that box contained anything but glass: 6 Cyc., 401; and plaintiff can only recover for glass: 62 S. C., 414; 72 Am. R., 937; 158 U. S., 98; 37 Am. Dec., 531; 3 S. E. R., 417; 113 U. S., 731; 39 S. C., 60; Kent Com., *603; Hutch, on Car., secs. 313, 314, 315; 66 Ill., 471; 55 A. & E. Ry. Cas., 381; 45 Mich., 51; 5 S. E. R., 769; 5 Ency., 345. cites:…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

On May 16, 1903, the plaintiff, Mrs. Bertha C. Bottum, had a lot of her household goods packed by H. B. Graves,- a large dealer in furniture and pictures, and shipped by him from Rochester, N. Y., to Greenwood, S. C. One box containing a pastel portrait of Mrs. Bottum’s deceased husband and a valuable landscape painting was lost on defendant’s road, and this action was brought to recover the value, $377.50.

Mrs. Bottum’s agent, in making the shipment, marked the box containing these pictures “glass, with care.” The bill of lading was…

2Cases cited9 opinions

  1. Humphreys v. PerrySupreme Court of the United States · 1893
  2. Dunlap v. International Steamboat Co.Massachusetts Supreme Judicial Court · 1867
  3. Chicago & Aurora Railroad v. ThompsonIllinois Supreme Court · 1858
  4. Southern Express Co. v. EverettSupreme Court of Georgia · 1868
  5. Rathbone v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893

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3Cited by8 opinions

  1. Southern Express Co. v. PopeCourt of Appeals of Georgia · 1909
  2. Hecker Products Corp. v. Transamerican Freight Lines, Inc.Michigan Supreme Court · 1941
  3. Chesapeake & Ohio Ry. Co. v. HallCourt of Appeals of Kentucky · 1910
  4. Harrington v. Wabash RailroadSupreme Court of Minnesota · 1909
  5. Household Goods Carriers' Bureau and Movers' & Warehousemen's Association of America, Inc., on Behalf of Their Members v. Interstate Commerce Commission and United States of America, National Industrial Traffic League, Intervenor. Movers Round Table v. Interstate Commerce Commission and United States of America, National Industrial Traffic League, IntervenorCourt of Appeals for the D.C. Circuit · 1978

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