Slater v. South Carolina Railway Co.
Supreme Court of South Carolina
Before Pressley, J., Aiken, This was an action by Edward F. Slater to recover from defendant damages for the loss of five horses and for injury done to fifteen horses and mules, while being carried by defendant on its cars from Augusta, Georgia, to Orangeburg, in this State. These animals were shipped to plaintiff from Franke, Indiana, via Augusta, where they were received and forwarded by the defendant.
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Before Pressley, J., Aiken, This was an action by Edward F. Slater to recover from defendant damages for the loss of five horses and for injury done to fifteen horses and mules, while being carried by defendant on its cars from Augusta, Georgia, to Orangeburg, in this State. These animals were shipped to plaintiff from Franke, Indiana, via Augusta, where they were received and forwarded by the defendant. The first shock of the great earthquake of August 31, 1886, was felt in Augusta at 9.52 p. m. A train from Charleston due at 10.15, was on time at 9.30, but had not arrived when the mixed…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chiee Justice Simpson.
In the case below, the plaintiff sought to recover damages from the defendant, a railway corporation, for alleged injuries to certain horses and mules shipped by plaintiff at Augusta, Ga., and consigned to plaintiff at Orange-burg, of this State. The main defence set up was, that the injury complained of resulted from the direct act of God, to wit, the recent earthquake “on the night of thirty-first of August, 1886, which was unforeseen, unprecedented, and providential, setting *100loose the waters confined in the pond at Langley…
2Cited by7 opinions
- Livaudais v. BlackLouisiana Court of Appeal · 1930
- Lyon v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1907
- Arkwright Mills v. Clearwater Mfg. Co.Supreme Court of South Carolina · 1950
- Deaver-Jeter Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- Ferguson v. Southern Ry.Supreme Court of South Carolina · 1912
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