Miami Powder Co. v. Port Royal & Western Carolina Railway Co.
Supreme Court of South Carolina
Action by Miami Powder Company against Port Royal and Western Carolina Railway Company, for damages to 400 kegs of powder, and for possession of same.
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Action by Miami Powder Company against Port Royal and Western Carolina Railway Company, for damages to 400 kegs of powder, and for possession of same. The following are the remarks of Judge Benet in granting a non-suit: This is a motion for a nonsuit, upon the ground that there is no evidence that the plaintiff had fulfilled the condition precedent to the bringing of an action of this character— namely, that the consignee should first pay the freight charges, before he can sue the common carrier for damages done to goods in transitu, and on the additional ground that there is no evidence that…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action, commenced in 1889, was first tried in 1891 and resulted in a verdict for the plaintiff for $860. On appeal, this verdict was set aside and a new trial ordered. 38 S. C., 78. The case then came on to be heard before Judge Benet and a jury at November term, 1895. The plaintiff was nonsuited, and this appeal is from the order of nonsuit.
The complaint alleges two causes of action. The first cause is for damages, $860, the full value of 400 kegs of powder, which defendant, as a common carrier, contracted with plaintiff to…
2Cases cited1 opinion
- Dyer v. Grand Trunk Railway Co.Supreme Court of Vermont · 1869
3Cited by1 opinion
- Wilensky v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911