Winslow Bros. & Co. v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Krugh, J., Sumter, Action by Winsllow Bros'. & Co. against Atlantic Coast Line Railroad Company. From judgment for plaintiffs, defendant appeals. Messrs. WUlcox and McLemore cite: As to the provisions of the contract limiting the value of the animals: 72 ©. C., 375; 39 S. C, 55; 112 U. S,, 331; 137 Mass., 33; 15 L. R. A., 534. Act, 24 Stent., 1, held unconstitutional: 78 3. CL, 42. Code ip02, if 10, is valid. 75 S'. O, 276; 78 Si.
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Before Krugh, J., Sumter, Action by Winsllow Bros'. & Co. against Atlantic Coast Line Railroad Company. From judgment for plaintiffs, defendant appeals. Messrs. WUlcox and McLemore cite: As to the provisions of the contract limiting the value of the animals: 72 ©. C., 375; 39 S. C, 55; 112 U. S,, 331; 137 Mass., 33; 15 L. R. A., 534. Act, 24 Stent., 1, held unconstitutional: 78 3. CL, 42. Code ip02, if 10, is valid. 75 S'. O, 276; 78 Si. CL, 36, 42, cites: Under Section if 10, Code ipo2, defendant is liable because did not inform consignee zsshen loss occurred, in forty days: 75 S. C., 276;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This suit was brought to recover damages for loss of one mule and injury to three others, aggregating $422.50, while in transit from Kansas City, Mo., to Sumter, S-. C., and for the statutory penalty of fifty dollars for failure to adjust and pay the claim within ninety days from the filing -thereof. Judgment upon verdict was entered for $455.40.
'We wil'li not consider in detail appellant’s twenty-five exceptions, several of which were withdrawn on the hearing, but will consider the material and controlling questions involved in the…
2Cases cited1 opinion
- Johnstone v. Richmond, &c., R. R.Supreme Court of South Carolina · 1893
3Cited by4 opinions
- Winslow v. . R. R.Supreme Court of North Carolina · 1909
- Huguelet v. WarfieldSupreme Court of South Carolina · 1909
- Winslow Bros. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Dupre v. Columbia, N. & L. R.Supreme Court of South Carolina · 1913