Green Brabham Co. v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before SeasB, J., Bamberg, Winter Term, 1910. Action by Green Brabham Company against Atlantic Coast Line Railroad Company.
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Before SeasB, J., Bamberg, Winter Term, 1910. Action by Green Brabham Company against Atlantic Coast Line Railroad Company. From judgment for plaintiff, defendant appeals. cite i Presence of cotton on platform is no evidence of consent by carrier: 77 S. C. 467. The engine being in good condition and no evidence of throwing sparks, appellant is not liable: 77 S. C. 467. Carrier has the right to limit its liability against loss of property on its right of way: 33 Cyc. 1330. cites: The appellant is liable: Code 1902, 2135; 76 S. C. 476; 78 S- C. 103, 444; 54 S. C. 603; 70 S. C. 16. Appellant by…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This appeal is from a judgment against defendant for damages by fire to twenty-six bales of cotton, which plaintiff had placed on defendant’s platform at Cope. The fire is alleged to have been set out by a spark from one of defendant’s engines. The action was brought under Section 2135 of the Code of 1902, which provides that railroad corporations shall be responsible to any person for damages to his property caused by fire communicated by its locomotive engines, “except in any case where property shall have been placed on the right…
2Cases cited4 opinions
- German-American Insurance v. Southern Ry.Supreme Court of South Carolina · 1907
- Hutto v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
- Copeland v. Southern Ry.Supreme Court of South Carolina · 1907
- Yarborough v. Southern Ry.Supreme Court of South Carolina · 1907
3Cited by3 opinions
- Epps v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
- Fraser-Patterson Lumber Co. v. Southern Ry. Co.District Court, W.D. South Carolina · 1948
- McLeod v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1940