Tenhet v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Shipp, J., Marion September, 1908. Action by J. N. Tenhet, against Atlantic Coast Line R. R. Co. From Circuit order affirming judgment of magistrate D. J. Oliver, defendant appeals. cite: Plaintiff must show receipt of goods: 5 Fncy., 353. If no delivery of freight is made, no presumption of receipt by carrier arises: 76 S. C„ 310; 6 Cyc., 490; 77 S. C., 317. Offer of compromise incompetent: 28 S. C., 160; 36 S. C., 69. Not liable for penalty: 78 S. C., 42; Code,…
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Before Shipp, J., Marion September, 1908. Action by J. N. Tenhet, against Atlantic Coast Line R. R. Co. From Circuit order affirming judgment of magistrate D. J. Oliver, defendant appeals. cite: Plaintiff must show receipt of goods: 5 Fncy., 353. If no delivery of freight is made, no presumption of receipt by carrier arises: 76 S. C„ 310; 6 Cyc., 490; 77 S. C., 317. Offer of compromise incompetent: 28 S. C., 160; 36 S. C., 69. Not liable for penalty: 78 S. C., 42; Code, 1902, 1710; 79 S. C., 250; 78 S. C., 55; 79 S. C.,.297. No argument furnished Reporter.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The Circuit Court affirmed the judgment of the magistrate court in this action for damages for the alleged loss of one case of cigars, valued at $23.50, while in the possession of the defendant carrier, and for the fifty dollars penalty under the Act of February 23; 1903, 24 Stat., 81.
Appellant contends for a reversal on the ground that there was no testimony that the goods were lost while in the possession of the defendant. The complaint alleged that the goods had been delivered to the defendant and were lost while in its possession.…
2Cases cited9 opinions
- Norris v. Hartford Fire Ins.Supreme Court of South Carolina · 1900
- Southern Railway v. HowellSupreme Court of South Carolina · 1908
- Crawford v. Southern Ry. Co.Supreme Court of South Carolina · 1899
- Robertson v. Blair & Co.Supreme Court of South Carolina · 1899
- Meinhard v. YoungbloodSupreme Court of South Carolina · 1894
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3Cited by3 opinions
- Snipes v. Augusta-Aiken Ry. & Electric Corp.Supreme Court of South Carolina · 1929
- Atlantic Coast Line Railroad v. SearsonSupreme Court of South Carolina · 1926
- Hunter v. HyderSupreme Court of South Carolina · 1960