Legal Opinion

Kristianson v. American Railway Express Co.

Supreme Court of South Carolina

Decided May 10, 1921No. 10618Published

Before Mrndfl L. Smith, Special Judge, Sumter. Action by Hanna R. Kristianson, doing business as Krystal Optical Co. against The ■ American Railway Express Co. From directed verdict for plaintiff the defendant appeals. cite: Being an interstate shipment the rights and liabilities of parties must be determined by “the acts of Congress, the bill of lading and common law principles accepted and enforced by the Federal Courts”: 240 U. S., 612; 241 U. S., 87, 91, 92; 241 U. S.,…

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Before Mrndfl L. Smith, Special Judge, Sumter. Action by Hanna R. Kristianson, doing business as Krystal Optical Co. against The ■ American Railway Express Co. From directed verdict for plaintiff the defendant appeals. cite: Being an interstate shipment the rights and liabilities of parties must be determined by “the acts of Congress, the bill of lading and common law principles accepted and enforced by the Federal Courts”: 240 U. S., 612; 241 U. S., 87, 91, 92; 241 U. S., 190; 243 U. S„ 592; 105 S. C., 406; 101 S. C., 436. Shipment made in 1918 is governed by Second Cummings Amendment (39 U.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action for the recovery of the value of a package of diamonds turned over to appellant by respondent consigned to Wendell & Company, New York, on August 20, 1918. The cause was tried, and resulted in a verdict in favor of plaintiffs. After entry of judgment appellant appeals. The appellant’s ground of appeal is:

“His Honor erred, it is respectfully submitted, in overruling defendant’s motion for a direction of verdict for plaintiff in the sum of $50 and in directing a verdict for plaintiff in the sum of $1,269, whereas he…

2Cases cited1 opinion

  1. Tribble v. Southern Express Co.Supreme Court of South Carolina · 1918

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