Legal Opinion

Jenkins v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided November 27, 1909No. 7394PublishedCited by 18 opinions

Before Wirson, J., Sumter, Rive cases. R. M. Jenkins against Atlantic Coast Line R. R. Co., in court of Magistrate Wells, of Sumter county.

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Before Wirson, J., Sumter, Rive cases. R. M. Jenkins against Atlantic Coast Line R. R. Co., in court of Magistrate Wells, of Sumter county. These cases were first heard on appeal from Circuit Court in this Court, during the April term, 1909, and on November 13th an order was filed providing for argument of question of jurisdiction in Court en banc on November 27. cite:: The causes of action arose in Lee county: 81 S. C., 387; Code of Proc., 145; 16 S. C., 276; 25 S. C., 385; 28 S. C., 313; 53 S. C., 198; 70 S. C., 288; 74 S. C., 69, 438; 80 S. C., 484. The jurisdiction of the place is of the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The following statement is set out in the record: “This is an action to recover the statutory penalty of $50 for not settling claim for loss of fourteen barrels of flour, shipped from Evansville, Ind., to the plaintiff at St. Charles S. C., $52.50. Defendant demurred to the complaint on the ground, among others, that the action for the penalty should have been united in the suit to recover the value of the flour, and defendant demurred to the complaint on the further ground that it did not state facts sufficient to constitute a cause…

2Cases cited10 opinions

  1. Baker v. IrvineSupreme Court of South Carolina · 1902
  2. Ex Parte HiltonSupreme Court of South Carolina · 1902
  3. Silcox & Co. v. JonesSupreme Court of South Carolina · 1908
  4. Jenkins v. Southern RailwaySupreme Court of South Carolina · 1906
  5. Phillips &c. Co. v. RaySupreme Court of South Carolina · 1895

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Duncan v. DuncanSupreme Court of South Carolina · 1913
  2. Lillard v. SearsonSupreme Court of South Carolina · 1933
  3. Hodge v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1926
  4. Rafield v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
  5. Sanders v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1920

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