Legal Opinion

Baker v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided February 13, 1909No. 7102Published

Before Dantzrer, J., Sumter, April, 1908. Action by H. W. Baker against Atlantic Coast Line Railroad Company. From judgment for plaintiff, defendant appeals. Mr. Reynolds cites: On the point decided: 112 N. S., 331; 56 N. Y., 168; 1 Woods, 573; 69 111., 62; 39 S. C., 55; 75 S. C., 321; 79 S. C., 344; 74 Mo., 538; 18 Fed. R„ 318; 4 Fed.

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Before Dantzrer, J., Sumter, April, 1908. Action by H. W. Baker against Atlantic Coast Line Railroad Company. From judgment for plaintiff, defendant appeals. Mr. Reynolds cites: On the point decided: 112 N. S., 331; 56 N. Y., 168; 1 Woods, 573; 69 111., 62; 39 S. C., 55; 75 S. C., 321; 79 S. C., 344; 74 Mo., 538; 18 Fed. R„ 318; 4 Fed. R„ 706; 6 Allen, 88; 61 111., 184; 90 Ala., 36; 112 Wis., 150; 90 Tenn., 17; 103 Ind., 121; 91 Ala., 340; 4 Ell. on R. R., 2336; 1 Hutch, on Carriers, sec. 427. cite: On point decided: 65 S. C„ 1; 66 S. C., 61; 69 S. C., 101; 61 S. C., 22; 73 S. C., 289; 65 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice; Gary.

This is an action to recover $185, the value of certain furniture shipped from Darlington, S. C., to Harvins, S. C., and which was lost in transportation; also, to recover the penalty of $50 for failure to adjust the claim for such loss within the time required by law.

The defendant denied each and every allegation of the complaint, and for a defense set up that the plaintiff, at the time of the shipment, entered into a contract with the defendant, whereby, in consideration of a reduced rate, it was agreed that in the event of loss or…

2Cases cited1 opinion

  1. Jenkins v. Southern RailwaySupreme Court of South Carolina · 1906

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