McCutchen v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Prince, J., Lee, September, 1907. Action by E. B. McCutchen against Atlantic Coast Line Railroad Company. From Circuit order affirming judgment of Magistrate R. H. Singletary, defendant appeals. Messrs.
Read the full summary
Before Prince, J., Lee, September, 1907. Action by E. B. McCutchen against Atlantic Coast Line Railroad Company. From Circuit order affirming judgment of Magistrate R. H. Singletary, defendant appeals. Messrs. Willcox & Willcox and Henry B. Davis cite: The act is unconstitutional, in that it denies to the railroads the equal protection of the laws: 68 S. C., 339; 63 S. C., 169; 165 U. S., 150; 183 U. S., 79. It is duty of railroad to distribute its cars among its customers according to their needs: 125 Fed., 252; 143 Fed., 266; 11. C. R., 787; 109 Fed., 831; 2 PTutch. on Car., secs. 520, 539.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was begun in a magistrate’s court to recover certain statutory penalties alleged to have accrued by reason of defendant’s failure to deliver within a certain time a carload of fertilizer shipped over its road.
The complaint alleged that on January 31, 1907, defendant received at Charleston, S. C., a carload of fertilizer to be transported to Wisacky, S. C., points on defendant’s railroad over one hundred and not over two hundred miles apart by nearest railroad route; that the shipment was made under bill of lading, upon…
2Cases cited6 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Simmons v. Western Union Tel. Co.Supreme Court of South Carolina · 1902
- Johnson, Lytle & Co. v. Spartan MillsSupreme Court of South Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932