Legal Opinion

Givens v. Seaboard Air Line Railway

Supreme Court of South Carolina

Decided August 24, 1915No. 9169PublishedCited by 1 opinion

Before Hon. C. M. Efird, special Judge, York, December, 1914. Action by J. M. Givens against Seaboard Air Line Railway. From order granting a new trial, plaintiff appeals.

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Before Hon. C. M. Efird, special Judge, York, December, 1914. Action by J. M. Givens against Seaboard Air Line Railway. From order granting a new trial, plaintiff appeals. The facts are stated in the opinion. submits: Tender is an affirmative defense, and must be specially pleaded: 70 S. C. 211; 84 S. C. 120; 62 S. C. 150; 27 S. C. 621; 58 S. C. 32; 73 S. C. 510. Presumption that consignee would procure other goods in place of those said to have been lost: 16 Cyc. 1051-1054; 50 Am. St. Rep. 80; 19 lb. 141; 22 Enc. of L.(2d ed.) 1038 to 1041; Elliott, Ev., secs. 81, 82. Estoppel by reliance on…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

1 2 3 This was an action to recover the alleged value of $350 for alleged loss of household goods by defendant shipped over its road by the plaintiff. The case was heard before Special Judge C. M. Efird, and a jury, in December, 1914, for York county, and resulted in a A'erdict for the plaintiff for $285.40. On motion of defendant, his Honor granted a new trial and set the verdict aside. From this order plaintiff appeals and alleges error on the part of his Honor. This Court will not sustain an appeal from an order granting a new…

2Cases cited3 opinions

  1. Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
  2. McGrath Bros. v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1912
  3. Poore v. Southern Express Co.Supreme Court of South Carolina · 1915

3Cited by1 opinion

  1. Harrison v. CrosbySupreme Court of South Carolina · 1916

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