Legal Opinion

Fickling v. Southern Ry. Co.

Supreme Court of South Carolina

Decided March 13, 1915No. 9031PublishedCited by 1 opinion

Before Gage, J., Barnwell, November, 1913, and Hampton, October, 1913. The first two above mentioned actions were brought in a magistrate’s Court in Barnwell county to recover damages for the loss of goods in shipments from Augusta, Ga., to Blackville, S. C., and penalty for failure to adjust and pay claim within forty days.

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Before Gage, J., Barnwell, November, 1913, and Hampton, October, 1913. The first two above mentioned actions were brought in a magistrate’s Court in Barnwell county to recover damages for the loss of goods in shipments from Augusta, Ga., to Blackville, S. C., and penalty for failure to adjust and pay claim within forty days. The third action was brought in a magistrate’s Court in Hampton county to recover damages to-goods-occasioned by injury while being shipped from Burnt Prairie, Illinois, to Brunson, S. C., and penalty for failure to adjust and pay claim therefor within forty days. From…

1Opinion of the Court 1

The opinion of the Court was delivered by

Mr. Justice Hydrick.

The decision in each of the above entitled cases is governed by the decision of this Court in Varnville Furniture Co. v. Ry., 98 S. C. 63, 79 S. E. 700.

Judgment affirmed.

Mr. Justice Gage having heard these cases on Circuit did not participate in this decision.

Note.—The decision in Varnville Furniture Co. v. C. & W. C. Ry. Co., 98 S. C. 63, 79 S. E. 700, was overruled by the United States Supreme Court on writ of error, on June 1st, 1915, see 35 Sup. Ct. Rep. 715, and thereupon the Supreme Court made an order modifying the foregoing…

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2Cases cited11 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  3. Southern Railway Co. v. Railroad Commission of IndianaSupreme Court of the United States · 1915
  4. Missouri, Kansas & Texas Railway Co. v. HarrisSupreme Court of the United States · 1914
  5. Southern Railway Co. v. ReidSupreme Court of the United States · 1912

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3Cited by1 opinion

  1. Clark v. Southern Express Co.Supreme Court of South Carolina · 1915

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