Legal Opinion

Aldrich v. Southern Railway Co.

Supreme Court of South Carolina

Decided September 12, 1913No. 8645Published

Before W. B. de Loach, special Judge, Barnwell, November, 1911. Action by Alfred Aldrich against Southern Railway- Company and South- Carolina Railway — Carolina Division.

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Before W. B. de Loach, special Judge, Barnwell, November, 1911. Action by Alfred Aldrich against Southern Railway- Company and South- Carolina Railway — Carolina Division. Defendants appeal. cite: Special dmnages cmnot be recovered in this case: 83 S. C. 501; 85 S. C. 19; 81 S. C. 536; Moore on Cor. 432; 91 S. C. 417; 75 S. C. 355'; 59 S. C-. 539. No officer of the carrier can alter the rate to bind the carrier in damages: 12 I. C. C. R. 418; 27 S. C. R. 358; 202 U. S. 242; 204 U. S. 445; 16.1. C. C. R. 479; 158 U. S. 98; 39 S. E. 144;. 40 S. W. 899; 23 S. W. 1020; 43 L. R. A. 385; 50 S. W.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

For several seasons prior to 1909-10, the plaintiff had engaged in- buying cotton seed and shipping them to Mexico; over the Atlantic Coast Line Railroad, for sale for planting purposes. Defendant’s agent at Barnwell solicited the business, and plaintiff told him that, if defendant would give him, better rates than the Coast Line, he would ship over defendant’s road.

It appears from the evidence that it is quite difficult, if not impossible in some cases, for the local railroad agents to figure out from the schedules or rates filed…

2Cases cited16 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
  3. Claflin v. HousemanSupreme Court of the United States · 1876
  4. Reid v. ColoradoSupreme Court of the United States · 1902
  5. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912

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