Dunbar v. Port Royal &c. Railway Co.
Supreme Court of South Carolina
Before AldRICH, J., Barnwell, November, 1890. This was an action by T. S. Dunbar against The Port Royal & Augusta Railway Company, commenced in February, 1890, the plaintiff claiming damages from defendant for a loss resulting from its failure to forward watermelons with reasonable dispatch as agreed.
Read the full summary
Before AldRICH, J., Barnwell, November, 1890. This was an action by T. S. Dunbar against The Port Royal & Augusta Railway Company, commenced in February, 1890, the plaintiff claiming damages from defendant for a loss resulting from its failure to forward watermelons with reasonable dispatch as agreed. The Circuit Judge thus construed the contract in his charge to the jury: Mr. Dunbar, it seems, shipped certain watermelons from Hat-tieville, destined for the city of New York, in the State of New York. When he shipped those goods a receipt was given him by the agent; that being a written…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chiee Justice McIver.
The plaintiff brings this ac*114tion’to recover damages for the loss of a car load of watermelons shipped by plaintiff on defendant’s road under a contract, as he alleges, to deliver the same to a designated consignee in the city of New York. In the complaint the allegations necessary to be noticed are substantially as follows': that on the 17th of July, 1889, the plaintiff delivered to defendant, at one of its stations, a car load of watermelons, consigned to J. A. Judge, in the city of New York; that defendant received said…
2Cases cited3 opinions
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Crawford v. Southern Railroad Ass'nMississippi Supreme Court · 1875
3Cited by5 opinions
- Dodge v. Nashville, C. & St. L. Ry. Co.Tennessee Supreme Court · 1919
- Venning v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Terry v. Southern Ry.Supreme Court of South Carolina · 1908
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BryantIndiana Court of Appeals · 1905
- Taffe v. Oregon RailroadOregon Supreme Court · 1902