Jenkins v. Southern Railway
Supreme Court of South Carolina
Before Townsend, J., Cherokee, July, 1905. Action by John M. Jenkins against Southern Railway. From' judgment for plaintiff, defendant appeals on the following exceptions: “1. In not sustaining the first ground of appeal from the magistrate’s court, for the reason therein stated;, as follows: The magistrate erred in refusing to set aside the judgment, the error being, that the cause of action, if any, arose in Greenville County, the point of destination of shipment, and…
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Before Townsend, J., Cherokee, July, 1905. Action by John M. Jenkins against Southern Railway. From' judgment for plaintiff, defendant appeals on the following exceptions: “1. In not sustaining the first ground of appeal from the magistrate’s court, for the reason therein stated;, as follows: The magistrate erred in refusing to set aside the judgment, the error being, that the cause of action, if any, arose in Greenville County, the point of destination of shipment, and where plaintiff is required by law to file his claim1 for loss or damage, that, therefore, the magistrate was…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The record contains the following statement of facts: “This action was begun in the magistrate’s court in Cherokee County, April 15th, 1905, by the, plaintiff to recover the statutory penalty under acts 1903, pages 81 and 82. On December 29th, 1904, plaintiff delivered tO' the defendant, at Gaffney, S. C., for transportation to Greers, S. C., a lot of household goods. A box of these goods was never delivered to1 the plaintiff, but was lost or destroyed. After a part of the goods arrived at Greers, the plaintiff made some effort to get…
2Cases cited1 opinion
- Best v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
3Cited by9 opinions
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Wright v. Ritz Theatre Co.Supreme Court of South Carolina · 1947
- Prosser v. Seaboard Air Line R. Co.Supreme Court of South Carolina · 1949
- Vlasservitch v. Augusta & Aiken Ry. Co.Supreme Court of South Carolina · 1910
- Thomas v. Atlantic Coast Line Ry. Co.Supreme Court of South Carolina · 1933
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