Legal Opinion

Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.

Supreme Court of the United States

Decided June 1, 1915No. 273PublishedCited by 173 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH CAROLINA. The facts, which involve the constitutionality under the commerce clause of the Federal Constitution of certain provisions of the South Carolina Civil Code of 1912 imposing penalties on carriers for failure to pay claims within a specified period, are stated in the opinion.

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ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH CAROLINA. The facts, which involve the constitutionality under the commerce clause of the Federal Constitution of certain provisions of the South Carolina Civil Code of 1912 imposing penalties on carriers for failure to pay claims within a specified period, are stated in the opinion. The South Carolina Penalty Act, as construed by the Supreme Court of the State, makes the delivering carrier responsible for the delicts of the connecting carrier, resulting in loss or damage, to the lawful holder of the bill of lading, in a through shipment,…

1Opinion of the CourtJustice Holmes

This is an action for $14.75, damage to furniture in transit from High Point, North Carolina,, to Yarnyille, South Carolina, $4.60 overcharge, and $50 penalty under a South Carolina statute, Civil Code, 1912, § 2573, for a failure to pay the claims within forty days. The defendant contended that the law imposing the penalty was invalid under the Act to Regulate Commerce, especially § 20, as amended by the act of June 29, 1906, c. 3591, 34 Stat. 584, 593, known as the Carmack Amendment. The lower courts gave judgment for the plaintiff and the judgment was affirmed by the. Supreme Court of the…

2Cases cited7 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  3. Southern Railway Co. v. Railroad Commission of IndianaSupreme Court of the United States · 1915
  4. Missouri, Kansas & Texas Railway Co. v. HarrisSupreme Court of the United States · 1914
  5. Southern Railway Co. v. ReidSupreme Court of the United States · 1912

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3Cited by173 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  4. Maryland v. LouisianaSupreme Court of the United States · 1981
  5. Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000

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