Mauldin v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Keugh, J., Hampton, October, 1904. Action by Joab Mauldin against Seaboard Air Line Ry. From, judgment for plaintiff, defendant appeals. Mr. Moore cites: Decision of demurrer should be committed to- writing: Code of Proc., 389, 373, 390; 3 Thomas’ Coke, 447 ; 3 Wait. Pr., 394; 3 Gra. & Wat. on New Trials, 33. Rights of ordinary shipper: 6 C'yc., 373, 373; 71 Wis., 373; 68 Am. D., 574; 40 Mo., 319; 79 Mo., 396; 38 Am. R., 683; 10 Ind., 503; 5 Ind., 309; 10 Ky.
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Before Keugh, J., Hampton, October, 1904. Action by Joab Mauldin against Seaboard Air Line Ry. From, judgment for plaintiff, defendant appeals. Mr. Moore cites: Decision of demurrer should be committed to- writing: Code of Proc., 389, 373, 390; 3 Thomas’ Coke, 447 ; 3 Wait. Pr., 394; 3 Gra. & Wat. on New Trials, 33. Rights of ordinary shipper: 6 C'yc., 373, 373; 71 Wis., 373; 68 Am. D., 574; 40 Mo., 319; 79 Mo., 396; 38 Am. R., 683; 10 Ind., 503; 5 Ind., 309; 10 Ky. L R., 1030; 43 La., 337; 4 McCrany, 1405; 5 Ency., 3 ed., 176, 160; 177. Messrs. Lyles & McMahan cite: Order must be in writing:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff alleged he was engaged in the- manufacture of lumber at Duke’s siding, on the line of defendant’s railroad, “solely on bills and orders for special sizes, lengths and quality, and to> be delivered to plain tiff’s customers and to markets aforesaid under contract at and by special and stated times,” and although the defendant was notified of the character of his business and of his contracts for lumber being overdue, and although frequent demands were made for cars to ship lumber on these contracts, yet the defendant…
2Cases cited1 opinion
- Turner v. Interstate B. & L. Ass'nSupreme Court of South Carolina · 1897
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- Shea v. Glens Falls Indemnity Co.Supreme Court of South Carolina · 1955
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