Legal Opinion

Burress v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided March 2, 1908No. 6781Published

Before Klugh, J., Sumter, Action by E. L. Burress against Atlantic Coast Line Railroad Company. From judgment of Circuit Court affirming judgment of Magistrate H. L- B. Wells, defendant appeals. cites: Piling claim was first step in obtaining penalty: 71 S'. ’C., 273, and plaintiff should not vary it by parol: 59 S'. C., 591. Person last having lost paper should be examined as to search: 17 'Cyc., 516; 5 Rich., 373; 47 S. C., 498. Notations on way bill should heave been…

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Before Klugh, J., Sumter, Action by E. L. Burress against Atlantic Coast Line Railroad Company. From judgment of Circuit Court affirming judgment of Magistrate H. L- B. Wells, defendant appeals. cites: Piling claim was first step in obtaining penalty: 71 S'. ’C., 273, and plaintiff should not vary it by parol: 59 S'. C., 591. Person last having lost paper should be examined as to search: 17 'Cyc., 516; 5 Rich., 373; 47 S. C., 498. Notations on way bill should heave been admitted: 46 S. C., 110. Plaintiff can not recover under act of May, 1903, because not brought under it: 53 S. C., 496.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

Judgment was recovered in a magistrate’s court against the Atlantic Coast Line Railroad Company, the terminal carrier, for six dollars and eighty cents, the alleged value of eight and one-half boxes of chewing guml lost in transit from a package containing ten boxes shipped from Chicago, 111., consigned to the plaintiff at Wedgefield, S'. C., and for fifty dollars additional as the statutory penalty. On appeal the Circuit Court affirmed the judgment of the magistrate.

1 The discussion will be clearer if, without referring in detail to…

2Cases cited4 opinions

  1. Franklin v. Atlanta & Charlotte Air Line Railway Co.Supreme Court of South Carolina · 1906
  2. Cave v. Carolina Midland Ry. Co.Supreme Court of South Carolina · 1898
  3. Springs, Heath & Co. v. South Bound R. R.Supreme Court of South Carolina · 1896
  4. Skipper v. Seaboard Ail Line RailwaySupreme Court of South Carolina · 1906

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