Hawes v. Southern Railway
Supreme Court of South Carolina
Before Gage, J., Fail-field, June, 1905. Action by John D. H'awes against Southern Railway Co. in magistrate court. From judgment on circuit affirming judgment of magistrate, defendant appeals. cites: Construction of statute: 71 S. C., 273. As to surrender of bill of lading before payment of claim: 4 Ency., 2 ed., 525; 4 Elliott on R. R., secs. 1426-29; 9 Am, R., 605; 59 Am. R„ 537; 4 S. C., 387; 23 S. C., 341; 25 S. C., 216; 72 S. C„ 251; 23 Am. Dec., 613; 100 Am.
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Before Gage, J., Fail-field, June, 1905. Action by John D. H'awes against Southern Railway Co. in magistrate court. From judgment on circuit affirming judgment of magistrate, defendant appeals. cites: Construction of statute: 71 S. C., 273. As to surrender of bill of lading before payment of claim: 4 Ency., 2 ed., 525; 4 Elliott on R. R., secs. 1426-29; 9 Am, R., 605; 59 Am. R„ 537; 4 S. C., 387; 23 S. C., 341; 25 S. C., 216; 72 S. C„ 251; 23 Am. Dec., 613; 100 Am. Dec., 363. cite: Courts cannot correct statutes: Potters Dwarris on Stats,, 144.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This appeal is from the judgment of the Circuit Court, affirming- the judgment of a magistrate’s court in favor of plaintiff against defendant for the sum. of $52.66, including- $2.66, the value of the goods lost in shipment, and $50, the statutory penalty for failure to adjust and pay said claimi within ninety days, as prescribed in the acts, of 1903, 24 Stat., 81. . '
The exceptions before this Court raise two questions: 1. Whether as matter of law the statement of the claim as filed With the defendant sufficiently complied with the…
2Cited by3 opinions
- King v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
- Victor Fertilizer Co. v. Southern Railway Co.Supreme Court of South Carolina · 1943
- Slaughter v. CommonwealthSupreme Court of Virginia · 1856