Legal Opinion

Peoples Hardware Co. v. Raleigh & Charleston Railway Co.

Supreme Court of South Carolina

Decided April 21, 1921No. 10613Published

Before Townsend, J., Dillon, October term, 1919. Action by the Peoples Hardware Co. against Raleigh & Charleston Ry Co. for damage to freight. From directed verdict for defendant the plaintiff appeals.

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Before Townsend, J., Dillon, October term, 1919. Action by the Peoples Hardware Co. against Raleigh & Charleston Ry Co. for damage to freight. From directed verdict for defendant the plaintiff appeals. This was an action commenced in May, 1919, and brought by the Peoples Hardware Company, a corporation engaged in the retail hardware business at Lake View (then Page’s Mill) in Dillon County, and against the respondent railroad company, to recover the sum of $462.94 for alleged damages to a carload of stoves shipped to appellant from Nashville, Tenn., on June 29, 1918. The car of stoves was…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Gary.

1 The first ground of the motion for a directed verdict was as follows :

“Because there is no proof whatever that the loss or damage occurred on defendant’s line, or to plaintiff’s goods, while in defendant’s possession.”

The defendant was the terminal carrier, and the presumption was that the goods were damaged while in its possession. Willett v. Railway, 66 S. C. 477, 45 S. E. 93; Mule and Horse Co. v. Railway, 99 S. C. 470, 83 S. E. 599; Cigar Co. v Steamship Co., 101 S. C. 429, 85 S. E. 1060; Southern Textile Co. v. Railway,…

2Cases cited5 opinions

  1. Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.Supreme Court of the United States · 1915
  2. Willett v. Southern Ry.Supreme Court of South Carolina · 1902
  3. Eastover Mule & Horse Co. v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
  4. Southern Textile MacHinery Co. v. Piedmont & Northern Railway Co.Supreme Court of South Carolina · 1920
  5. J. S. Pinkussohn Cigar Co. v. Clyde Steamship Co.Supreme Court of South Carolina · 1915

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