J. S. Pinkussohn Cigar Co. v. Clyde Steamship Co.
Supreme Court of South Carolina
Before Rice, J., Charleston, Action by the J. S. Pinkussohn Cigar Company against Clyde Steamship Company. From judgment for plaintiff, defendant appeals. Plaintiff has burden to show that damage occurred before delivery to drayman, who was the last carrier: 1 Hutch.
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Before Rice, J., Charleston, Action by the J. S. Pinkussohn Cigar Company against Clyde Steamship Company. From judgment for plaintiff, defendant appeals. Plaintiff has burden to show that damage occurred before delivery to drayman, who was the last carrier: 1 Hutch. Carriers (3 ed.), sec. 68; 91 S. C. 272. Burden on plaintiff that excepted risk was not sole cause of damage: 194 U. S. 427; 12 How. 272; 11 Wall. 129. As to penally, claim not filed at proper place: 86 S. C. 512. submit: Exceptions too general: 95 S. C. 385. Bindings of fact: 34 5. C. 160. Carrier must negative presumption of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment in the Civil and Criminal Court of Charleston for $194.21 damages done to a shipment from Jacksonville, Fla., to Charleston, S. C., and $50, the penalty prescribed by statute for failure to pay the claim within the time therein specified. This judgment was affirmed on appeal to the Circuit Court and defendant appealed to this Court.
The shipment consisted of a soda fountain and its parts, among which were several crates of marble.
1 The' jury in the trial Court found that the damage occurred while the…
2Cases cited4 opinions
- Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.Supreme Court of the United States · 1915
- Johnstone v. Richmond, &c., R. R.Supreme Court of South Carolina · 1893
- Crawford v. Southern Ry. Co.Supreme Court of South Carolina · 1899
- Deaver-Jeter Co. v. Southern Ry.Supreme Court of South Carolina · 1913
3Cited by3 opinions
- Porter v. PorterSupreme Court of South Carolina · 1965
- Peoples Hardware Co. v. Raleigh & Charleston Railway Co.Supreme Court of South Carolina · 1921
- Peoples Hardware Co. v. Raleigh & Charleston Railway Co.Supreme Court of South Carolina · 1921