Farmers Mercantile Co. v. Seaboard Air Line Railway
Supreme Court of South Carolina
Before Mauldin, J., Bamberg, January, 1915. Action by Farmers Mercantile Company, the Continental Insurance Company, SEtna Insurance Company and the Girard Fire and Marine Insurance Company against Seaboard Air .Bine Railway. From a nonsuit the SEtna Insurance Company and Girard Fire Insurance Company, and from a judgment against it, the Continental Insurance. Company appeal. The facts are stated in the opinion.
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Before Mauldin, J., Bamberg, January, 1915. Action by Farmers Mercantile Company, the Continental Insurance Company, SEtna Insurance Company and the Girard Fire and Marine Insurance Company against Seaboard Air .Bine Railway. From a nonsuit the SEtna Insurance Company and Girard Fire Insurance Company, and from a judgment against it, the Continental Insurance. Company appeal. The facts are stated in the opinion. The former submits: The fact of insurance was collateral to the cause of action, and might have been proven by parol: 36 S. C. 265; 148 N. C. 437; 62 S. E. 519; 138 N. C. 503; 51 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal is by three insurance companies from an order of nonsuit, as to two, and from a judgment entered on a jury’s verdict as to one.
The Farmers Mercantile Company had a storehouse at Olar, a station on the defendant’s road.
The goods therein were alleged to be worth $6,500, or more; they were alleged to be insured- against loss by fire in the three plaintiff insurance companies for an aggregate sum ■of $4,000; they were alleged to have been totally destroyed by a fire set out by the defendant’s locomotive engine.
The insurance…
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