Legal Opinion

McCoy v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided October 25, 1909No. 7341PublishedCited by 2 opinions

Before Wilson, J., Sumter, Action by J. W. Mc'C'oy against Atlantic Coast Line Railroad Company, in court of Magistrate H. L. B. Wells.

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Before Wilson, J., Sumter, Action by J. W. Mc'C'oy against Atlantic Coast Line Railroad Company, in court of Magistrate H. L. B. Wells. From Circuit order affirming judgment of magistrate’s court, defendant appeals. cites: Carrier not liable if not negligent: 77 S'. C., 78; 76 S. C., 237. The rule as to end of liability as carrier and beginning of liability as warehouseman does not apply to baggage: 6 Cyc., 672. When liability as carrier ceases: 77 S. C., 78. cites: Carrier is liable if trunks are held for later transportation: 76 S. C., 237; Battle v. R. R., 70 S. C.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChiSR Justice; Jone&.

Plaintiff, a traveling salesman, on the night of February 21, 1907, became a passenger on defendant’s railroad at Eastover, S. C., and checked his trunk, containing sample clothing, to Sumter, S. C., his destination. Sumter was his headquarters, and he was in the habit of leaving his sample trunk in the passenger depot until starting out on his trips again. He did not call for his trunk until Monday, the 25th. In the meantime, on S'unday, the 24th, the passenger depot took fire and the trunk and contents were damaged.

He brought…

2Cases cited3 opinions

  1. Fleischman, Morris & Co. v. Southern Ry.Supreme Court of South Carolina · 1907
  2. Brunson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  3. Murphy v. Southern Ry.Supreme Court of South Carolina · 1907

3Cited by2 opinions

  1. Crowley Bros. v. Grand Trunk Railway Co.Michigan Supreme Court · 1915
  2. Knight v. Southern Ry.Supreme Court of South Carolina · 1910

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