Legal Opinion

Heiden v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided November 1, 1909No. 7354PublishedCited by 10 opinions

Before Watts, J., Clarendon, Action by M. Heiden against Atlantic Coast Tine Railroad Company. From judgment for plaintiff, defendant appeals. Messrs. Purdy & O’Bryan cite: Under general denial carrier should be allowed to show loss by fire: 7 Rich., 162 ; 3 S. C., 103. Testimony having been admitted, carrier should have benefit of it before fury: 1 McM., 494; 52 S. C., 196. Mr. DuRant cites: 'Warehouseman is an affirmative defense: 34 Mo.

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Before Watts, J., Clarendon, Action by M. Heiden against Atlantic Coast Tine Railroad Company. From judgment for plaintiff, defendant appeals. Messrs. Purdy & O’Bryan cite: Under general denial carrier should be allowed to show loss by fire: 7 Rich., 162 ; 3 S. C., 103. Testimony having been admitted, carrier should have benefit of it before fury: 1 McM., 494; 52 S. C., 196. Mr. DuRant cites: 'Warehouseman is an affirmative defense: 34 Mo. App., 675. Motion, once denied, should not be renewed on same state of facts: 28 Cyc., 18, 19; 5 Hunn., 624; 1 Barb., 72; 30'How. Pr., 339.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

On February 8, 1907, plaintiff became a passenger on the defendant’s railroad from Manning to Sumter, and delivered to defendant, at Manning, her trunk, and received a check therefor. Some time thereafter she demanded the trunk, but defendant failed to deliver it. She sued for the value of the trunk and its contents. The answer was a general denial.

Before the trial defendant moved for leave to amend its answer by setting up the relation of warehouseman to the trunk, and alleging that it was destroyed by fire in its station at…

2Cases cited2 opinions

  1. Fleischman, Morris & Co. v. Southern Ry.Supreme Court of South Carolina · 1907
  2. Brunson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907

3Cited by10 opinions

  1. Jackson v. FrierSupreme Court of South Carolina · 1928
  2. Kennedy Lumber Co. v. RickbornCourt of Appeals for the Fourth Circuit · 1930
  3. Gibson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
  4. Marston v. RiversSupreme Court of South Carolina · 1927
  5. Planters' Fertilizer & Phosphate Co. v. BradberrySupreme Court of South Carolina · 1926

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