Phillips-Patterson v. Northwestern R. Co.
Supreme Court of South Carolina
Before Prince, J., Sumter, Fall term, 1916. Action by Phillips-Patterson Company against Northwestern Railroad Company of South Carolina. Defendant’s motion for direction of a verdict overruled upon the first ground, and sustained as to the second and third grounds, and plaintiff appeals. Mr. Seabrook cites: As to stoppage in transitu: 74 S. C. 360; 23 S. C. 290; 80 S. C. 194; 18 Ohio Ct. R. 333; 10 Ohio Cir. Dec. 182; 4 Dec.
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Before Prince, J., Sumter, Fall term, 1916. Action by Phillips-Patterson Company against Northwestern Railroad Company of South Carolina. Defendant’s motion for direction of a verdict overruled upon the first ground, and sustained as to the second and third grounds, and plaintiff appeals. Mr. Seabrook cites: As to stoppage in transitu: 74 S. C. 360; 23 S. C. 290; 80 S. C. 194; 18 Ohio Ct. R. 333; 10 Ohio Cir. Dec. 182; 4 Dec. Digest 126; 104 S. W. 402; 79 Me. 327; 9 Atl. 895; 1 Am. St. Rep. 310; 92 S. C. 528; 75 S. E. 973; 16 Md. 122; 77 Am. Dec. 284; 22 Cyc. 1256; 35 Cyc. 495. Antecedent…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for actual and punitive damages, alleged to have been sustained by the plaintiff, through the wrongful acts of the defendant, in failing and refusing to stop certain goods in transit, which had been shipped by the plaintiff to C. B. Shuler & Co.—that being the name under which W. A. Shuler, the agent of the defendant at Rembert, S. C., was then doing business. The plaintiff also claimed certain penalties under the statutes of this State.
The defendant denied the allegations of the complaint and set up as a…
2Cases cited2 opinions
- Faust v. Southern RailwaySupreme Court of South Carolina · 1906
- Monaghan Mills v. Gilreath Mfg. Co.Supreme Court of South Carolina · 1913
3Cited by2 opinions
- Interstate Window Glass Corp. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1926
- Patterson v. American Railway Express Co.Supreme Court of South Carolina · 1924