Diamond v. Southeastern Express Co.

Mr. Acting Associate Justice Ti-iurmond,

(concurring) : This action was instituted by the plaintiff against the defendant in a magistrate’s Court and was heard without a jury at Barnwell, S. C., for damages. The complaint was in writing, and the eighth paragraph alleges:

“That due to defendant’s negligence the defendant. Southeastern Express Company, after receiving the film at the time above specified, failed and refused to transport and deliver the said film to the plaintiff in a reasonable length of • time, namely, February 2, 1922, and did not attempt to deliver the said film to the…