L. D. Riley & Son v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., Saluda, December, 1907. Action by L. D. Riley & Son against Southern Railway. From-judgment of Circuit Court reversing judgment of Magistrate W. P. Allen, plaintiffs appeal. cites: Magistrate had jurisdiction: Code 1902, 1039; 72 S. C., 132; 51 S. C., 347; 72 S. C., 480. As to form of service: 52 S. C., 86; 67 S. C., 229; 73 S. C., 292. cites: Pleadings should show capacity to sue: 56 S. C., 456.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was brought in the Court of Magistrate Allen, in Saluda county, for damages to freight shipped over defendant’s railroad from Atlanta, Ga., to the plaintiffs at Silver Street, S. C., and for the statutory penalty of fifty dollars. The .plaintiffs conducted a general mercantile business in Saluda county. Silver Street is thé plaintiffs’ point of delivery, but is in Newberry county, across the Saluda river from their store. The summons was served on the defendant’s agent at Ward’s, in Saluda county, and was returnable on…
2Cases cited4 opinions
- Nixon & Danforth v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1906
- Boyd v. Blue Ridge Ry. Co.Supreme Court of South Carolina · 1903
- Tobin v. Chester & Lenoir N. G. R. R.Supreme Court of South Carolina · 1896
- Lookout Mountain Medicine Co. v. Hare & Co.Supreme Court of South Carolina · 1900