Legal Opinion

Hunter v. Charleston & Western Carolina Ry. Co.

Supreme Court of South Carolina

Decided August 4, 1908No. 6991PublishedCited by 5 opinions

Before Purdy, J., Spartanburg, September, 1907. Action by S. S. Hunter against Charleston and Western Carolina Railway Company.

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Before Purdy, J., Spartanburg, September, 1907. Action by S. S. Hunter against Charleston and Western Carolina Railway Company. From judgment on Circuit, affirming judgment of Magistrate J. R. Coan, plaintiff appeals. cite: Is this interstate commerce? 145-U. S-, 192; 169 U. S., 137; 94 U. S., 135; 9 Sawy., 253. If this ivas an interstate shipment, does this act in question burden it? 73 S'. C., 73; 169 U. S., 137; 75 S. C., 283; 69 S. C., 477; 22 S, C., 236. What does “for transportation within this State” mean? 24 Stat., 671; 32 Mo. App., 189; 30 Ency., 895. cites.; This is an interstate…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

This action was commenced before Magistrate J. R. Coan, in Spartanburg county, to recover penalty under the act of 1904 for delay in the transportation of freight. 24 Stat., 671.

The defendant is a domestic railroad corporation, with termini in this State. On March 9, 1907, the Asfaepoo Fertilizer Company shipped to plaintiff, as consignee and owner of the bill of lading, a carload of fertilizers. The freight was received ini Charleston, S'. C., by the Atlantic Coast Fine Railroad, consigned to¡ plaintiff at Pauline, S. C., to whom…

2Cases cited4 opinions

  1. Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
  2. Lehigh Valley Railroad v. PennsylvaniaSupreme Court of the United States · 1892
  3. Sternberger v. Cape Fear & Yadkin Valley R. R.Supreme Court of South Carolina · 1888
  4. State v. Pullman's Palace Car Co.Wisconsin Supreme Court · 1885

3Cited by5 opinions

  1. Western Union Telegraph Co. v. BollingSupreme Court of Virginia · 1917
  2. Berg v. Western Union Telegraph Co.Supreme Court of South Carolina · 1918
  3. Moore v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
  4. Traynham v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1912
  5. Traynham v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1912

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