Davis Bros. v. Blue Ridge Ry. Co.
Supreme Court of South Carolina
Before Hydrick, J., Anderson, October term, 1907. Action by Davis Brothers against Blue Ridge Railway Company and Southern Railway Company.
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Before Hydrick, J., Anderson, October term, 1907. Action by Davis Brothers against Blue Ridge Railway Company and Southern Railway Company. Prom' judgment for plaintiffs, defendants appeal. cite: There being no evidence of waiver, that issue should not have been sent to jury: 78 S. C., 78, 395. Value of mules was limited by contract, and no recovery should have been permitted for more: 79 S. C., 55; 39 S. C., 55. cite: Parol evidence as to route does not vary contract: 72 S. C., 364; 66 S. C., 68. Opinion evidence as to value of animals was competent here: 75 S. C., 34; Hutch, oil Car., 913;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiffs delivered to Southern Railway Company at Knoxville, Tennessee, twenty-six mules, to be shipped to Anderson, South Carolina. There was a written contract of shipment, which expressed as its consideration a special freight rate, the regular rate being twenty per cent, higher. The contract contained, among other stipulations, a provision that the shipper would indemnify and save harmless the Southern Railway Company and its connecting carriers against all claims for loss or damage to live stock, except such loss or damage…
2Cases cited14 opinions
- McDonald v. ThompsonSupreme Court of the United States · 1902
- Express Co. v. Kountze BrothersSupreme Court of the United States · 1869
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Crosby v. FitchSupreme Court of Connecticut · 1838
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3Cited by2 opinions
- Jones v. American Fidelity & Casualty Co.Supreme Court of South Carolina · 1947
- National Loan & Exchange Bank v. TolbertSupreme Court of South Carolina · 1924