Legal Opinion

Wesner & White Mfg. Co. v. Atlantic Coast Line Railroad

Supreme Court of South Carolina

Decided March 20, 1905PublishedCited by 7 opinions

Before Klugh, J., Orangeburg, Action by Wesner and White Mfg. Co. against Atlantic Coast Tine Railroad. From order refusing motion to' strike out of complaint certain allegations, defendant appeals. cite; 50> S'. C., 54; 66 S. C., 131; 45 S. C., 27.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

In this action, plaintiff seeks to recover of the defendant railroad company $1,995 damages for the alleged delay in transporting 270 bundles of wire, and also for the alleged injury caused te» the wire during transit. The complaint contains three separate causes of action. After giving due notice to plaintiff, defendant made a motion before his Honor, judge Klugh, at his chambers, at Orange-burg, on May 6, 1904, to strike out as irrelevant and redundant, “so- much of paragraph VI. of the second cause of action as alleges -that ‘by…

2Cited by7 opinions

  1. Strange v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  2. Kolb v. Southern Ry.Supreme Court of South Carolina · 1908
  3. Fass v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
  4. Milhous v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1906
  5. Trammell v. Eastern Air LinesDistrict Court, W.D. South Carolina · 1955

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