Henry Mercantile Co. v. Georgetown & W. R. Co.
Supreme Court of South Carolina
Before Shipp, J., Kingstree, Fall term, 1915. Action by Henry Mercantile Company against the Georgetown & Western Railroad Company. From .a judgment for plaintiff, defendant appeals. cite: As to liability: Civil Code, sec. 3226; 41 S. C. 86; 13 Am. St. Rep. 228; 38 S. C. 1; 75 S. C. 455; 41 S. C. 285. As to duration of corporation: Civil Code, sec. 2814. As to parol testimony showing sale of cotton: 1 Greenleaf Ev.
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Before Shipp, J., Kingstree, Fall term, 1915. Action by Henry Mercantile Company against the Georgetown & Western Railroad Company. From .a judgment for plaintiff, defendant appeals. cite: As to liability: Civil Code, sec. 3226; 41 S. C. 86; 13 Am. St. Rep. 228; 38 S. C. 1; 75 S. C. 455; 41 S. C. 285. As to duration of corporation: Civil Code, sec. 2814. As to parol testimony showing sale of cotton: 1 Greenleaf Ev. (13th ed.)', sec. 87; 17 Cyc. 465. Proof of damages: 13 Cyc. 213, 215. cite: As to dissolution of corporation: Civil Code, secs. 2812 and 2816.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is an action for damages, caused by fire to a lot of cotton placed by plaintiff upon a platform on defendant’s right of way. It is alleged that the fire was communicated to the cotton by sparks from a locomotive engine belonging to the defendant. The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, for the following reason:
“Because it does not appear on the face of the said complaint that at the time this suit was commenced the defendant was a railroad…
2Cases cited3 opinions
- Hunter v. Columbia &c. R. R.Supreme Court of South Carolina · 1894
- Feinstein v. PolitzSupreme Court of South Carolina · 1916
- Meyer v. BrunsonSupreme Court of South Carolina · 1916
3Cited by7 opinions
- Browne v. HammettSupreme Court of South Carolina · 1926
- Legrande v. LegrandeSupreme Court of South Carolina · 1935
- Ex Parte Citizens' Exchange BankSupreme Court of South Carolina · 1927
- Clayton v. Southwestern Life Ins. Co.Court of Appeals of Texas · 1942
- Henry Merc. Co. v. Graham, SheriffSupreme Court of South Carolina · 1917
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