Farrell v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before MemmingER, J., Charleston, April, 1908. Action by C. L- Farrell against Atlantic Coast Line R. R. Co. From circuit order remanding case to court of Magistrate J. W. Cummings for new trial, defendant appeals. cites: Complaint not sufficient: 81 S. C., 167; 76 S. C'., 173. oral argument.
1Opinion of the Court
The opinion of the Court was delieverd by
Mr. Justice Jones.
In this action a magistrate court rendered judgment in favor of plaintiff against defendant for ninety dollars as penalty for delay in the transportation of freight under the Act of March 35, 1904, 34 Stat, 671-3. On the appeal of defendant the Circuit Court, Judge Memminger, reversed the judgment of the magistrate and remanded the case for a new trial. The defendant now appeals to this Court upon numerous exceptions to the rulings of the Circuit Court and his failure to dismiss the action.
1 1. It is contended that the demurrer to the…
2Cases cited2 opinions
- Riggs v. WilsonSupreme Court of South Carolina · 1889
- Sanford v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908