Legal Opinion

Osteen v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided October 28, 1912No. 8348PublishedCited by 4 opinions

Before Copes, J., Sumter, Action by C. P. Osteen against Atlantic Coast Line Railway Company. Defendant appeals. Oral argument. cites: Refusal to strike out allegations is not appealable: 77 S. C. 443. Admission of irrelevant testimony must be shown to have been material: 63 S. C. 559. Testimony is ample to sustain verdict for punitive damages: 76 S- C. 193. Carrier must show the cause of injury falls within exceptions in the bill of lading: 26 S. C. 265; 56 S. C. 136.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This was an action by plaintiff against the defendant for actual and punitive damages for an alleged injury to a horse shipped by plaintiff over defendant’s road from Sumter, South Carolina, to Robbins, South Carolina, the defendant being charged with causing the injury by careless, reckless, wilful and wanton manner, in which it acted in the shipment and care of the horse. The amount sued for was $1,999.

The cause was tried before his Honor, Judge Copes, and a jury in November, 1911. The jury awarded $100 actual damages and $600…

2Cases cited4 opinions

  1. Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
  2. McCarty v. Piedmont Mutual Ins.Supreme Court of South Carolina · 1908
  3. Harbert v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1906
  4. Webb v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907

3Cited by4 opinions

  1. Caldwell v. McCawSupreme Court of South Carolina · 1927
  2. Bowden v. PowellSupreme Court of South Carolina · 1940
  3. Griner v. Columbia Creamery Co.Supreme Court of South Carolina · 1921
  4. Sherwood v. McLaurinSupreme Court of South Carolina · 1914

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