Sternberger v. Cape Fear & Yadkin Valley R. R.
Supreme Court of South Carolina
Before Hudson, J-, Marlboro, This was an appeal from a judgment of the Circuit Judge (overruling the Railroad Commission), which judgment held that freight charges from Charleston, S. 0., to Tatum, S. C., through a portion of North Carolina, although in excess of the charges from Charleston to Bennettsville, a longer haul, could not be regulated by the Railroad Commission, (1) because steamboat transportation from Gardner’s Bluff, six miles from Bennettsville, made…
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Before Hudson, J-, Marlboro, This was an appeal from a judgment of the Circuit Judge (overruling the Railroad Commission), which judgment held that freight charges from Charleston, S. 0., to Tatum, S. C., through a portion of North Carolina, although in excess of the charges from Charleston to Bennettsville, a longer haul, could not be regulated by the Railroad Commission, (1) because steamboat transportation from Gardner’s Bluff, six miles from Bennettsville, made Bennettsville a competitive point; and (2) because it was inter-State commerce. Plaintiff appealed. cited (upon the point…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chiee Justice Simpson.
The plaintiff, appellant, who lives at Tatum, Marlboro County, had consigned to him from Charleston, S. O., a ton of commercial fertilizers. The railroad *511route from Charleston to Tatum, over which this fertilizer was transported, was first over the Northeastern Railroad and the Cheraw & Darlington Railroad to Cheraw, both roads being entirely in South Carolina. Thence from Cheraw over the Che-raw & Salisbury Railroad to Wadesboro, in North Carolina, this road being partly in this State and terminating in North Carolina at…
2Cases cited1 opinion
- Lord v. Steamship Co.Supreme Court of the United States · 1881
3Cited by9 opinions
- Bateman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
- Western Union Telegraph Co. v. BollingSupreme Court of Virginia · 1917
- Berg v. Western Union Telegraph Co.Supreme Court of South Carolina · 1918
- State ex rel. Railroad & Warehouse Commission v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1889
- Frasier & Co. v. Charleston & Western Carolina Ry. Co.Supreme Court of South Carolina · 1908
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