Tribble v. Southern Express Co.
Supreme Court of South Carolina
Before BoWman, J., Anderson, Fall term, 1917. Action by Sam Orr Tribble against the Southern Express Company. From a judgment for plaintiff, defendant appeals. cite: As to the terms of the contract for the shipment of the package, the value of which is sought to be recovered: Am. St. Rep. 88, p. 80; 26 S. C. 96; 39 S. C. 63; Am. St. Rep. 105, p. 965; 44 Am. St. Rep. (Vermont).855; (N. Y.) Am. Dec. 32, p. 506 (note) ; (N. Y.) 10 Am.
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Before BoWman, J., Anderson, Fall term, 1917. Action by Sam Orr Tribble against the Southern Express Company. From a judgment for plaintiff, defendant appeals. cite: As to the terms of the contract for the shipment of the package, the value of which is sought to be recovered: Am. St. Rep. 88, p. 80; 26 S. C. 96; 39 S. C. 63; Am. St. Rep. 105, p. 965; 44 Am. St. Rep. (Vermont).855; (N. Y.) Am. Dec. 32, p. 506 (note) ; (N. Y.) 10 Am. Rep. 575; Elliott on Contracts, par. 3208, vol. IV; 244 U. S. 65. As to the effect of the classification and tariffs of the Interstate Commerce Commission: 226 U.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment for the full value ($1,485) of a package of diamonds, pendants and brooches, shipped by him from Anderson, S. G., to W. J. Johnson & Co., at Pittsburgh, Pa., on October 23, 1916, and lost in transit. Defendant invoked the benefit of the act of Congress regulating interstate commerce, alleging that the package was sealed and delivered to defendant without disclosing its contents or value, which were unknown to defendant, except that the value did not exceed $50, as declared in the receipt therefor given…
2Cases cited2 opinions
- New York Central & Hudson River Railroad v. BeahamSupreme Court of the United States · 1916
- American Express Co. v. United States Horse Shoe Co.Supreme Court of the United States · 1917
3Cited by4 opinions
- Kristianson v. American Railway Express Co.Supreme Court of South Carolina · 1921
- Huddy v. Railway Express Agency, Inc.Supreme Court of South Carolina · 1936
- Williams v. American Ry. Express Co.Supreme Court of South Carolina · 1921
- Kristianson v. American Railway Express Co.Supreme Court of South Carolina · 1921