Legal Opinion

De Loach v. Southern Ry. Co.

Supreme Court of South Carolina

Decided November 14, 1916No. 5555PublishedCited by 5 opinions

Before Prince, J., Hampton, February, 1916. Action by R. C. De Roach and another against the Southern Railway Company. From a judgment for plaintiffs, defendant appeals. cite: As to cause of action for delay: 240 U. S. 34. As to measure of carrier’s liability: 240 U. S. 632 and 612; 241 Ü. S. 319; 109 N. E. 281; 89 S. E. 655. cites: As to punitive damages: 60 S. E. 405 ; 88 S. E. 269.

1Opinion of the Court

The opinion of- the Court was delivered by

Mr. ChiEE Justice Gary.

This is an action for actual and punitive damages, alleged to have been sustained by the plaintiff, through the wrongful acts of the defendant, in failing to transport within a reasonable time, a still kettle from Savannah, Ga., to De Loach, Spur, S. C., which was delivered to it for shipment in April, 1913. The defendant made a motion for a nonsuit, and, at the close of all the testimony, made a motion for the direction of a verdict, on the ground that punitive damages were not recoverable in such an action. The motions were…

2Cases cited5 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. George N. Pierce Co. v. Wells, Fargo & Co.Supreme Court of the United States · 1915
  3. Seaboard Air Line Railway v. KoenneckeSupreme Court of the United States · 1915
  4. Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
  5. Turman v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1916

3Cited by5 opinions

  1. Berg v. Western Union Telegraph Co.Supreme Court of South Carolina · 1918
  2. Huddy v. Railway Express Agency, Inc.Supreme Court of South Carolina · 1936
  3. Harman v. Southern Ry. Co.Supreme Court of South Carolina · 1916
  4. Massey v. Hines, Director GeneralSupreme Court of South Carolina · 1921
  5. Phillips v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1931

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