Cone v. Southern Ry.
Supreme Court of South Carolina
Before W. H. Hunt, Special Judge, Spartanburg, July-Term, 1909. Action by P. D. Cone against Southern Railway Company. From judgment for plaintiff, defendant appeals. cite: There was no delivery to defendant as á common carrier: 6 Cyc., 412; 70 S. C., 329; 76 Am.
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Before W. H. Hunt, Special Judge, Spartanburg, July-Term, 1909. Action by P. D. Cone against Southern Railway Company. From judgment for plaintiff, defendant appeals. cite: There was no delivery to defendant as á common carrier: 6 Cyc., 412; 70 S. C., 329; 76 Am. St. R., 899. Nor as a warehouseman: 5 Cyc., 165; 6 Cyc., 412. Nor was there constructive delivery: 1 Hutch, on Carriers, sections 112, 118, 115. Injury to special articles is special damages: 74 S. C., 286 ; 3 Strob., 375; 31 S. C., 52; 65 S. C.,' 506; 82 S. C., 464. cite: Generally: 1 Hutch, on Cor., section 116; 2 Ency., 770; 70 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Jones.
The plaintiff recovered judgment against defendant for the value of a trunk and its contents alleged to have been lost through the negligence of the defendant, after receiving the same to be transported as plaintiff’s! baggage.
1 The main question presented by the appeal of defendant is whether there was any testimony that the trunk was ever delivered to defendant either as a common carrier or as a warehouseman.
There was testimony that, about 8 o’clock P. M., October 3, 1907, plaintiff intending to become a passenger on…
2Cases cited7 opinions
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Lake Shore & Michigan Southern Railway Co. v. FosterIndiana Supreme Court · 1885
- Hickox v. Naugatuck RailroadSupreme Court of Connecticut · 1863
- Sonneborn v. Southern RailwaySupreme Court of South Carolina · 1903
- Harzburg v. Southern Ry. Co.Supreme Court of South Carolina · 1903
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3Cited by2 opinions
- State Ex Rel. Burr v. Jacksonville Terminal Co.Supreme Court of Florida · 1925
- St. Louis S. F. R. Co. v. GiddingsSupreme Court of Oklahoma · 1916