Bankers' & Shippers' Ins. v. Charleston & W. C. Ry. Co.

The opinion of the Court was delivered by

Mr. Justice Brease.

The firm of Coleman & Moore, owners of a lot of cotton in bales, located on the platform of the defendant’s station in the town of Switzer, insured the cotton against loss by fire with the plaintiff. On November 2, 1922, the cotton was totally destroyed by fire. The plaintiff paid the amount of loss to Coleman & Moore, and, under its right of subrogation, brought suit against the defendant in the Court of Common Pleas for Spartanburg ■ County to recover the amount paid out by it on account of the loss.

In its complaint, the plaintiff…