Legal Opinion

Prescott v. Southern Railway Co.

Supreme Court of South Carolina

Decided September 28, 1914No. 8950PublishedCited by 4 opinions

Before Spain, J., Edgefield, March, 1914. Action by W. E. Prescott against Southern Railway Company. From a judgment for plaintiff, defendant appeals.

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Before Spain, J., Edgefield, March, 1914. Action by W. E. Prescott against Southern Railway Company. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion of the Court. submits: Proof must show negligence alleged, even if unnecessarily specified by plaintiff: 50 S. C. 49; 51 S. E. 650; 45 S. C. 278; 89 Atl. 769; Wigmore Ev., sec. 2487; 90 S. C. 86. Rule as to burden of proof in action against warehousemen: 11 Rich. 342; 76 S. C. 246; 76 S. C. 9. . Defendant was a gratuitous bailee: 60 S. E. 1. The liability of the defendant was governed by the act to regulate…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Eraser.

This is an action against the defendant for loss by fire of certain boxes of shoes while in the defendant’s possession. Thirteen boxes .of shoes were shipped from Peters-burg, Virginia, to the plaintiff in Edgefield, S. C. They arrived in Edgefield on the 23d day of June, 1913. On the following day the plaintiff’s agent called at the depot for freight and, on account of the crowded condition of his wagon, took only four boxes. Plaintiff’s agent paid the freight on all, but left nine boxes in the possession of the defendant to be…

2Cases cited2 opinions

  1. Fleischman, Morris & Co. v. Southern Ry.Supreme Court of South Carolina · 1907
  2. Sutton v. Southern Ry.Supreme Court of South Carolina · 1909

3Cited by4 opinions

  1. Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924
  2. Lumpkin v. MankinSupreme Court of South Carolina · 1926
  3. Arkwright Mills v. Clearwater Mfg. Co.Supreme Court of South Carolina · 1950
  4. Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924

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