Harrington v. Lyles
Supreme Court of South Carolina
Tried before Mr. Justice Johnson, at Newberry, October, 1819. The plaintiff had shipped sixty-five bales of cotton on board the defendant’s boat, to be carried from a landing on Broad river, in Newberry district, to Charleston-, for him. .The boat upset in the Hantee canal, and threw the cotton into the water.
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Tried before Mr. Justice Johnson, at Newberry, October, 1819. The plaintiff had shipped sixty-five bales of cotton on board the defendant’s boat, to be carried from a landing on Broad river, in Newberry district, to Charleston-, for him. .The boat upset in the Hantee canal, and threw the cotton into the water. She -was speedily reloaded, and proceeded to her place of destination ; and on her arrival,' the consignee found some of the cotton wet, and much injured, and procured a survey to be made, which fixed the loss at $225; and the actual loss on the sale by the consignee, amounted to 240 or…
1Opinion of the Court
The opinion of the Court was delivered by
Johnson, J.
The whole of the grounds relied on, in the argument of this cause, are embraced in the question : .Whether the defendant, like a common carrier, is liable for all losses, except those occasioned by the act of God, or the enemies of the country ?
It was with great difficulty,1 that I could bring my mind to consent to the established doctrine on the subject of the liability of common carriers, when the proof was clear, that every caution which prudence could suggest, was used to prevent a loss; for the reasons upon which that rule was founded,…
2Cited by2 opinions
- Reaves v. Western Union Telegraph Co.Supreme Court of South Carolina · 1918
- Jeff Hunt Machinery Co. v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1951