Kelly v. Southern Ry.
Supreme Court of South Carolina
Before DeVore, J., Greenville, Action by S. R. Kelly against Southern Ry. From.judgment for plaintiff, defendant appeals. cite: There is no evidence that goods were delivered to carrier in good condition: 66 S. C., 479; 75 S. C., 280; 77 S. C., 319 ; 78 S. C., 38, 47, 82; 79 S. C., 342, 349. In absence of this proof presumption is they were received in condition delivered: 3 Hutch, on Car., 1593; 16 S. W., 184. Thirty day limitation is valid: I Hutch, on' Car., sec., 442 ;…
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Before DeVore, J., Greenville, Action by S. R. Kelly against Southern Ry. From.judgment for plaintiff, defendant appeals. cite: There is no evidence that goods were delivered to carrier in good condition: 66 S. C., 479; 75 S. C., 280; 77 S. C., 319 ; 78 S. C., 38, 47, 82; 79 S. C., 342, 349. In absence of this proof presumption is they were received in condition delivered: 3 Hutch, on Car., 1593; 16 S. W., 184. Thirty day limitation is valid: I Hutch, on' Car., sec., 442 ; 71 S. C., 506; 180 U. S., 409; 17 L. R. A. (N. S.), 628, 642. Plaintiff must show waiver: 70 S. C., 16. cite: Waiver is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an appeal from a judgment in favor of plaintiff for damage to part of a carload of flour by contamination with kerosene oil while in the hands of the carrier.
The exceptions impute error to the Court below.
1. In refusing motions for' nonsuit and new trial on the ground that there was no evidence that the flour was damaged while in defendant’s possession.
2. In refusing a new trial, because there was no evidence of waiver of the stipulation in the bill of lading that claim for damage must be filed within thirty days after…
2Cases cited2 opinions
- Hays v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
- Boyce v. DayCourt of Appeals of Georgia · 1907
3Cited by11 opinions
- E. H. Emery & Co. v. Wabash RailroadSupreme Court of Iowa · 1918
- Deaver-Jeter Co. v. Southern Ry.Supreme Court of South Carolina · 1912
- Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
- Gramling Electric Refrigeration, Inc. v. Southern Ry. Co.Supreme Court of South Carolina · 1930
- N. Y., Phila. & Norfolk R. R. v. ChandlerSupreme Court of Virginia · 1921
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