Legal Opinion · Concurrence

Behrman v. A.C.L.R. R. Co.

Supreme Court of South Carolina

Decided November 4, 1921No. 10748Published

Before Moore, J., Berkeley,-, 1917. Action by S. Behrman against Atlantic Coast Line Railroad Company. From judgment for plaintiff the defendant appeals. cite: Carrier has right to adopt reasonable regulations: 4 R. C. L., Sec. 138. What constitutes delivery to carrier: Moore on Carriers (2nd Ed.), Vol. I, 174-5; 77 S. E., 994; 72 S. E. 463. cites: Carrier may accept goods even before bill of lading is issued: 38 111., 354; 87 Am. Dec., 301; 81 111., 511; 36 N. Y. Sup.

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Before Moore, J., Berkeley,-, 1917. Action by S. Behrman against Atlantic Coast Line Railroad Company. From judgment for plaintiff the defendant appeals. cite: Carrier has right to adopt reasonable regulations: 4 R. C. L., Sec. 138. What constitutes delivery to carrier: Moore on Carriers (2nd Ed.), Vol. I, 174-5; 77 S. E., 994; 72 S. E. 463. cites: Carrier may accept goods even before bill of lading is issued: 38 111., 354; 87 Am. Dec., 301; 81 111., 511; 36 N. Y. Sup. Ct., 527. What amounts to a delivery: 73 Ala., 396; 49 Am. Rep., 54.

1Concurrence

This is an action to recover for a bale of cotton lost from the defendant's platform at Monck's Corner, S.C. The facts appear in the agreed statement, and are undisputed, the bale was deposited on the platform during the day, and a bill of lading for this bale and 15 other bales, which had also been deposited on the platform by or for the plaintiff, was applied for late in the afternoon. The bale in question was then missing, and has never been discovered. No notice was given to defendant's agent when the bale was left on the platform, and there was no evidence to show how long the bale…

2Cases cited1 opinion

  1. Copeland v. Southern Ry.Supreme Court of South Carolina · 1907

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