Peoples Hardware Co. v. Raleigh & Charleston Railway Co.
Supreme Court of South Carolina
Before Townsend, J., Dillon, October term, 1919. Action by the Peoples Hardware Co. against Raleigh & Charleston Ry Co. for damage to freight. From directed verdict for defendant the plaintiff appeals.
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Before Townsend, J., Dillon, October term, 1919. Action by the Peoples Hardware Co. against Raleigh & Charleston Ry Co. for damage to freight. From directed verdict for defendant the plaintiff appeals. This was an action commenced in May, 1919, and brought by the Peoples Hardware Company, a corporation engaged in the retail hardware business at Lake View (then Page’s Mill) in Dillon County, and against the respondent railroad company, to recover the sum of $462.94 for alleged damages to a carload of stoves shipped to appellant from Nashville, Tenn., on June 29, 1918. The car of stoves was…
1Opinion of the Court
April 21, 1921. The opinion of the Court was delivered by The first ground of the motion for a directed verdict was as follows:
"Because there is no proof whatever that the loss or damage occurred on defendant's line, or to plaintiff's goods, while in defendant's possession."
The defendant was the terminal carrier, and the presumption was that the goods were damaged while in its possession. Willett v. Railway, 66 S.C. 477, 45 S.E. 93;Mule and Horse Co. v. Railway, 99 S.C. 470, 83 S.E. 599;Cigar Co. v. Steamship Co., 101 S.C. 429, 85 S.E. 1060;Southern Textile Co. v. Railway, 114 S.C. 141,103…
2Cases cited8 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.Supreme Court of the United States · 1915
- Willett v. Southern Ry.Supreme Court of South Carolina · 1902
- Eastover Mule & Horse Co. v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
- Erisman v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
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3Cited by1 opinion
- Copeland Co. v. Davis, Dir. Gen.Supreme Court of South Carolina · 1923