Griffin v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Prince, J., Sumter, November, 1910. Action by T. N. Griffin against Atlantic Coast Bine Railroad Company. Defendant appeals.
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Before Prince, J., Sumter, November, 1910. Action by T. N. Griffin against Atlantic Coast Bine Railroad Company. Defendant appeals. Mr. McLemore cites: Carrier may contract against its liability for loss by fire: 77 S- C. 467; 78 S. C. 103; 33 Cyc. 1330; 85 S. C. 165, 405, 409>; 164 U. S. 403; 175 U. S. 91; 68 S. W. 411; 24 R. R. A. 647; 70 R. R. A. 930. No act of waiver by carrier: 63 S. C. 197; 88 S. C. 221; 70 S. C. 23; 29 Ency. 1095, 1096; 29 Ency. 1097; 76 S. C. 476; 78 S. C. 103; 81 S. C. 567; 87 S. C. 258.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Jones.
This action was for the recovery of damages for the destruction by fire of certain cotton belonging to- plaintiff, while upon the platform of the defendant company within the limits- of its right of way. There was evidence to- the effect that notice had been given to the plaintiff that the defendant assumed no- risk for cotton so placed, unless same was tendered for immediate shipment, but that such cotton would be entirely at the owner’s risk. The evidence also showed that the cotton in question was placed upon such platform,…
2Cases cited1 opinion
- Yarborough v. Southern Ry.Supreme Court of South Carolina · 1907
3Cited by1 opinion
- Charles J. Webb & Sons, Inc. v. Central R. Co. of New JerseyCourt of Appeals for the Second Circuit · 1929