Park v. Southern Railway
Supreme Court of South Carolina
Before Watts, J., Greenville, Action by A. K. Park and Leila G. Park against Southern Railway Co. Prom judgment for plaintiff, defendant appeals.. cites: Contract of defendant was to forward baggage received, and having done that, it is performed: 12 A. M. St. R., 661; 74 A. M. Dec., 151. Articles in trunk belonging separately to two, they should not have joined as plaintiffs: 24 S. C., 39. Checks are mere receipts: 3 Hutch, on Car., secs. 1301, 1302; 4 Elliott, sec. 1655;…
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Before Watts, J., Greenville, Action by A. K. Park and Leila G. Park against Southern Railway Co. Prom judgment for plaintiff, defendant appeals.. cites: Contract of defendant was to forward baggage received, and having done that, it is performed: 12 A. M. St. R., 661; 74 A. M. Dec., 151. Articles in trunk belonging separately to two, they should not have joined as plaintiffs: 24 S. C., 39. Checks are mere receipts: 3 Hutch, on Car., secs. 1301, 1302; 4 Elliott, sec. 1655; 12 A. M. St, 661; 21 S. C., 35; 36 S. C., 117. cite: When a carrier takes up the check of a connecting carrier and issues…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
This action was begun by the plaintiffs, A. K. Park and Deila G. Park, in February, 1904, to recover one hundred and eighty-five dollars, the value of a trunk alleged to have been lost by the defendant railway. It appears that early in September, 1903, the plaintiffs being in New York, and wishing to return home, about one hour-and a half prior to their departure, turned their trunk over to the McDonald Express Company for delivery at the 23d Street station of the Pennsylvania Railroad. The plaintiff A. K. Park testified that he…
2Cases cited1 opinion
- Zeigler v. Mobile & Ohio RailroadMississippi Supreme Court · 1905
3Cited by2 opinions
- Montague v. PriesterSupreme Court of South Carolina · 1909
- Lide v. BurnSupreme Court of South Carolina · 1927