Ernest M. DuPre Co. v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Prank B. Gary, J., Richland, Summer term, 1913. Action by Ernest M. DuPre Co'. against Seaboard Air Dine Ry. Defendant appeals. cite: Penalty only applies to loss on terminal carrier: 78 S'. C. 36. Goods shown not to have been lost by defendant carrier: 75 S. C. 406. cite: Exception not founded in record will not be considered: 93 S. C. 367; 94 S. C. 135, 335; 95 S. C. 4. Defendant did not show how many sacks of potatoes it actually received: 78 S. C.. 36; 88 S. C.…
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Before Prank B. Gary, J., Richland, Summer term, 1913. Action by Ernest M. DuPre Co'. against Seaboard Air Dine Ry. Defendant appeals. cite: Penalty only applies to loss on terminal carrier: 78 S'. C. 36. Goods shown not to have been lost by defendant carrier: 75 S. C. 406. cite: Exception not founded in record will not be considered: 93 S. C. 367; 94 S. C. 135, 335; 95 S. C. 4. Defendant did not show how many sacks of potatoes it actually received: 78 S. C.. 36; 88 S. C. 310. That evidence shows loss occurred on other line of railroad should be made on motion to direct verdict: Rule 77 C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action by plaintiff against defendant to recover the sum of ninety-two' and 80-100 ($93.80) dollars, the value of twenty-nine bags of potatoes alleged to be lost and damaged by defendant, and the further sum of fifty ($50.00) dollars penalty for failure *347to pay claim for said loss and damages to the potatoes within the time required by law. The case was tried before Honorable Frank B. Gary and a jury, and resulted in a verdict in favor of the plaintiff in the full amount sued for.
At the close of plaintiff’s evidence a…
2Cases cited1 opinion
- Dempsey v. Western Union Tel. Co.Supreme Court of South Carolina · 1912