Frasier & Co. v. Charleston & Western Carolina Ry. Co.
Supreme Court of South Carolina
Before Gary, J., Abbeville, October term, 1907. Action by Frasier & Co. against Charleston and Western Carolina Railway Company. From judgment of Circuit Court, plaintiff appeals. cites: Is this cm interstate shipment? 145 U. S., 192; 162 U. S-, 650’; 173 U. S., 285; 75 S. C., 276; 169 U. S., 133, 311. cites: Court properly held this to be cm interstate shipment: 29 S'. C., 510 ; 187 U. S., 617; 18 Fed., 13 ; 3 F. R. A., 238; 7 Inters. Com.
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Before Gary, J., Abbeville, October term, 1907. Action by Frasier & Co. against Charleston and Western Carolina Railway Company. From judgment of Circuit Court, plaintiff appeals. cites: Is this cm interstate shipment? 145 U. S., 192; 162 U. S-, 650’; 173 U. S., 285; 75 S. C., 276; 169 U. S., 133, 311. cites: Court properly held this to be cm interstate shipment: 29 S'. C., 510 ; 187 U. S., 617; 18 Fed., 13 ; 3 F. R. A., 238; 7 Inters. Com. R., 92, 160, 161; 17 E. R. A., 433; 4 Inters. Com. R., 403; 34 S. W., 1003 ; 33 L. R. A., 570; 145 U. S., 193; 143 U. S., 317.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was brought to recover damages and for penalty under the act of 1904 for delay in the transportation! of a car of fertilizers from Yemassee, in this State, to Mt. Carmel, in this State, the necessary route, however, lying partly in the State of Georgia, by way of Augusta. There was no evidence that the delay occurred within this State. Judgment was allowed by consent for ten dollars damages, but judgment for penalty was denied by Judge Ernest Gary, who' held that the transportation was interstate and that the statute,…
2Cases cited2 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Sternberger v. Cape Fear & Yadkin Valley R. R.Supreme Court of South Carolina · 1888
3Cited by6 opinions
- Bridges v. StateSupreme Court of Georgia · 1980
- Western Union Telegraph Co. v. BollingSupreme Court of Virginia · 1917
- Ramer v. HughesSupreme Court of South Carolina · 1925
- Moore v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
- Traynham v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1912
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