Clark v. Southern Express Co.
Supreme Court of South Carolina
Before Prince, J., Columbia, Action by Mary Etta Cathcart Clark and others against the Southern Express Company. From a judgment for plaintiffs, defendant appeals. The case was heard upon the following agreed statement of facts: The plaintiff is a resident of the city of Columbia, State of South Carolina.
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Before Prince, J., Columbia, Action by Mary Etta Cathcart Clark and others against the Southern Express Company. From a judgment for plaintiffs, defendant appeals. The case was heard upon the following agreed statement of facts: The plaintiff is a resident of the city of Columbia, State of South Carolina. The defendant is a corporation organized and existing under and by virtue of the laws of the State of Georgia, and is engaged in the business of a common carrier of express matter, for hire, between points within the State of South Carolina, and also between points in said State and points…
1Opinion of the Court
May 20, 1915. The opinion of the Court was delivered by The question presented by this appeal is foreclosed by the decision of this Court in the case of VarnvilleFurniture Co. v. Railway, 98 S.C. 63, 79 S.E. 700.
Appellant asked leave to amend its exception by adding thereto a ground which was not taken in the Courts below. If the exception had been taken in due time, this Court would not have considered the additional ground upon which the constitutionality of the statute is sought to be assailed, because it is well settled by numerous decisions that this Court will not consider any point…
2Cases cited2 opinions
- Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.Supreme Court of the United States · 1915
- Fickling v. Southern Ry. Co.Supreme Court of South Carolina · 1915
3Cited by1 opinion
- State v. GowanSupreme Court of South Carolina · 1935