Legal Opinion

Peoples Oil & Fertilizer Co. v. Charleston & Western Carolina Ry.

Supreme Court of South Carolina

Decided October 12, 1909No. 7312PublishedCited by 1 opinion

Before Prince, J., Anderson, June term, 1908. Action by Peoples’ Oil and Fertilizer Company, in its own behalf and as trustee of an express trust, against Charleston and Western Carolina Railway Company. From judgment for plaintiff, defendant appeals. Mr. Willcox cites: Oil company was not entitled to recover for benefit of insurance companies: él S. C„ 408; 76 S. C., 101; 6 S. C., 184; Pom. Code Rem., sec. 76; 30 Cyc., 47, 49; 15 Ency.

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Before Prince, J., Anderson, June term, 1908. Action by Peoples’ Oil and Fertilizer Company, in its own behalf and as trustee of an express trust, against Charleston and Western Carolina Railway Company. From judgment for plaintiff, defendant appeals. Mr. Willcox cites: Oil company was not entitled to recover for benefit of insurance companies: él S. C„ 408; 76 S. C., 101; 6 S. C., 184; Pom. Code Rem., sec. 76; 30 Cyc., 47, 49; 15 Ency. P. & P., 707, 710, 712. No evidence of any trust: Pom. Code Rem., sec. 100; 22 Ency. P. & P., 169; 30 Cyc., 89-92; Code 1902., 2135. cites: Should action have…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice Jones.

The seed house and contents, including machinery, of the Peoples’ Oil and Fertilizer Company, at Anderson, S. C., was destroyed on February 11, 1907, by fire alleged to have been communicated by defendant’s locomotive engine, or to have originated within the limits of defendant’s right of way, in consequence of the acts of its authorized agents or employees. The property was insured under policies issued by Phoenix Assurance Company, Limited, the Scottish Union and National Insurance Company, and the Cotton Seed Oil Millers…

2Cases cited3 opinions

  1. Mobile Insurance v. Columbia &c. R. R.Supreme Court of South Carolina · 1894
  2. Southern Railway v. HowellSupreme Court of South Carolina · 1908
  3. Aetna Insurance v. Charleston & Western Car. Ry. Co.Supreme Court of South Carolina · 1907

3Cited by1 opinion

  1. Phillips v. Clifton Manufacturing Co.Supreme Court of South Carolina · 1944

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