Knight v. Southern Ry.
Supreme Court of South Carolina
Before Watts, J., Bamberg, Winter term, 1909 Action by A. W. Knight against Southern Railway Co. Erom judgment for defendant, plaintiff appeals. cite: Issue of reasonable time for removal was for jury: 76 S. C., 13 ; 72 S. C., 45; 10 Rich., 419; 6 Cyc., 443; 1 E. R. A., 142, 851; 4 Id., 140; 6 Id., 1048. Liability as carrier was continued by custom: 76 S. C., 476; 16 Cyc., 459; 12 Cyc., 1061; 27 Ency., 872. cites: Issue of time for removal was for Court: 77 S. C., 76; 104…
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Before Watts, J., Bamberg, Winter term, 1909 Action by A. W. Knight against Southern Railway Co. Erom judgment for defendant, plaintiff appeals. cite: Issue of reasonable time for removal was for jury: 76 S. C., 13 ; 72 S. C., 45; 10 Rich., 419; 6 Cyc., 443; 1 E. R. A., 142, 851; 4 Id., 140; 6 Id., 1048. Liability as carrier was continued by custom: 76 S. C., 476; 16 Cyc., 459; 12 Cyc., 1061; 27 Ency., 872. cites: Issue of time for removal was for Court: 77 S. C., 76; 104 Md., 567; 10 Ency., 437; 59 S. E., 949. Railroad company not responsible: 89 S'. C., 96, 306; 44 S. C., 315; 45 S. C., 46,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
The plaintiff sued to recover of defendant as a common carrier for loss of goods destroyed by fire while in the depot at Bamberg, S. C., and for the statutory penalty for failure to adjust the loss within the time required by law.
Upon the trial Judge Watts granted nonsuit upon the ground that the defendant was not liable as common carrier upon the evidence, under the authority of Murphy v. Southern Railway, 77 S. C., 76.
1 The first exception raises the question that the Court erred in not submitting to the jury to determine…
2Cases cited5 opinions
- Fleischman, Morris & Co. v. Southern Ry.Supreme Court of South Carolina · 1907
- Brunson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- United Fruit Co. v. New York & Baltimore Transportation Co.Court of Appeals of Maryland · 1906
- Bristow v. Atlantic Coast LineSupreme Court of South Carolina · 1905
- Murphy v. Southern Ry.Supreme Court of South Carolina · 1907