Legal Opinion

Jenkins v. Southern Railway

Supreme Court of South Carolina

Decided February 23, 1906PublishedCited by 7 opinions

Before Townsend, J., Cherokee, July, 1905. Action by John M. Jenkins against Southern Railway. From judgment for plaintiff, defendant appeals. cites: Value limitation is valid: 39 S. C., 55; 19 S. C., 353; 62' S'.. C., 417 ;• Can v. Texas Pacific Ry.

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Before Townsend, J., Cherokee, July, 1905. Action by John M. Jenkins against Southern Railway. From judgment for plaintiff, defendant appeals. cites: Value limitation is valid: 39 S. C., 55; 19 S. C., 353; 62' S'.. C., 417 ;• Can v. Texas Pacific Ry. Co. cite: Findings below are conclusive here: 71 S. C., 339; 50' S. C., 110; 55 S'. C., 309; 69 S. C1., 520'.- As to contract limiting value.: 26 S. C., 268; 19 S. C., 367; 39 S'. C., 55; 6 Ency., 2 ed„ 264, 290, 294, 296, 298, 302, 314; 65 S. C., 522; 3' Ency., 2 ed:, 546-560.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This action was commenced before a magistrate to recover the sum. of $100 for the loss of a box containing household goods, &c., delivered by the plaintiff to the defendant for transportation.. The defendant 'set up the following defense: “That the defendant accepted from the plaintiff a box of goods, purporting to be household goods, for the purpose of transportation, ■upon a special agreement, that for. and in consideration of the transportation of said goods by the defendant, at a low freight rate, the defendant in case of loss or…

2Cited by7 opinions

  1. Weston v. MorganSupreme Court of South Carolina · 1931
  2. Wright v. Ritz Theatre Co.Supreme Court of South Carolina · 1947
  3. H & H Glass Co., Inc. v. WynneSupreme Court of South Carolina · 1986
  4. Baker v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
  5. Dawkins v. Chester CountySupreme Court of South Carolina · 1922

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