Frasier v. Charleston & Western Car. Ry.
Supreme Court of South Carolina
Before J. E. McDonald^ special Judge, Abbeville, October, 1904. Action by T. B. Frasier against Charleston and Western Carolina Railway Co'. From judgment for plaintiff, defendant appeals. Mr. Greene cites: Consignee ratified contract by accepting reduced freight: 39 S. C., 61. To be proved, laws of foreign State must be pleaded: 68 S. C'., 239; 66 S'. C., 98; 9 Ene.
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Before J. E. McDonald^ special Judge, Abbeville, October, 1904. Action by T. B. Frasier against Charleston and Western Carolina Railway Co'. From judgment for plaintiff, defendant appeals. Mr. Greene cites: Consignee ratified contract by accepting reduced freight: 39 S. C., 61. To be proved, laws of foreign State must be pleaded: 68 S. C'., 239; 66 S'. C., 98; 9 Ene. P. & P., 542.. .Liability of defendant should be determined by common lazo: 68 S>. C., 239 ; 4 Ency., 616; 115 Mass., 304; 106 U. S. (27 Raw ed., 107). Negligence of consignee in unloading the horse cannot be charged to…
1Opinion of the Court
The opinion o.f the Court was delivered by .
Mr. Justice Jones.
The plaintiff brought this action for damages for loss of a horse, which died from injuries received in transportation from Augusta, Georgia, to Mt. Carmel, South Carolina, and for the penalty of fifty dollars, as provided by statute, for failing to adjust and pay said claim within ninety days. The jury rendered a verdict for the whole amount claimed, including the penalty, and defendant now seeks to reverse the judgment thereon.
1 The first exception alleges error in refusing to> strike out of the deposition of plaintiff’s witness,…
2Cases cited10 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Johnstone v. Richmond, &c., R. R.Supreme Court of South Carolina · 1893
- Rosemand v. Southern Ry.Supreme Court of South Carolina · 1903
- Crawford v. Southern Ry. Co.Supreme Court of South Carolina · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Ancrum v. Camden Water, Light & Ice Co.Supreme Court of South Carolina · 1909
- Gilliland & Gaffney v. Southern Ry.Supreme Court of South Carolina · 1910
- Copeland v. CraigSupreme Court of South Carolina · 1940
- Walker v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
4 more not listed; retrieve them via the Exa API.