Legal Opinion · Dissent

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.

1Dissent

This is an action to recover the value of a bale of cotton, which was tried before a magistrate, and resulted in a verdict in favor of the plaintiff, whereupon the defendant appealed to the Circuit Court, which affirmed the judgment of the magistrate, and the defendant again appealed to this Court. The facts are thus stated in the record:

"At the trial in the Magistrate's Court it was shown that the plaintiff was in the habit of buying cotton from the farmers, changing the marks, and shipping en bloc. On the day in question this particular bale of cotton was placed on defendant's platform at…

2Cases cited3 opinions

  1. Dingle v. Northwestern R. Co. of S.C.Supreme Court of South Carolina · 1919
  2. Copeland v. Southern Ry.Supreme Court of South Carolina · 1907
  3. Gossett v. GladdenSupreme Court of South Carolina · 1919

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