Hardaway v. Southern Railway
Supreme Court of South Carolina
Before Aldrich, J., Cherokee, Fall term, 1910. Action by B. H. Hardaway against Southern Railway Company. Defendant appeals. cite: As to jurisdiction: Drinker on Interstate Commerce Act 456; 68 S. W. 838; 9 So.
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Before Aldrich, J., Cherokee, Fall term, 1910. Action by B. H. Hardaway against Southern Railway Company. Defendant appeals. cite: As to jurisdiction: Drinker on Interstate Commerce Act 456; 68 S. W. 838; 9 So. R. 441; 83 S. W. 362; 74 Fed. 981; 105 Fed. 785; 58 Fed. 858. After paying freight charges with full knowledge of the facts, consignee cannot recover overcharge: 79 C. C. A. 489; 15 Rich. 284; 38 S. C. 365. Letter of initial carrier after delivery of freight cannot bind terminal carrier: 19 S. C. 353; 27 S. C. 63; 53 S. C. 448; 62 S. C. 127. cite: Recovery of voluntary payment: 30 Cyc.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The facts out of which this action arose, briefly stated, are as follows:
On December 5, 1908, plaintiff delivered to the Chattahoochee Valley Railway Company, at Langdale, Ala., two carloads of extra large and long timbers for transportation fo Kings Creek, S. C.. The shipment passed over the line of an intermediate carrier, and was delivered to defendant at Atlanta, Ga., and was carried by defendant to destination. The initial carrier issued a through bill of lading, in which the shipment was classed as lumber, and, according to…
2Cases cited15 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Carlisle v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Greer v. Hunt CountyTexas Commission of Appeals · 1923
- Swift & Co. v. Columbia Ry., Gas & Electric Co.Court of Appeals for the Fourth Circuit · 1927
- Copper Belle Mining Co. v. GleesonArizona Supreme Court · 1913
- Columbia Ry., Gas & Electric Co. v. JonesSupreme Court of South Carolina · 1922
- Chicago, R. I. & P. R. Co. v. GistSupreme Court of Oklahoma · 1920
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