Sullivan v. Southern Ry.
Supreme Court of South Carolina
Before Watts, J., Greenwood, April, 1904. Action by B. A. Sullivan against Southern Railway. From judgment for plaintiff, defendant appeals. cites : Sec. 2166, Code of 1902, is exclusive for wilful refusal to check baggage: Code 1902, sec. 2207; 26 E'ncy., 671; 19 Wall., 227; 120 U. S,, 747; 112 Fed. R., 724; 12 Am. Dec., 257; 21 Am. Dec., 449; 19 Fed.
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Before Watts, J., Greenwood, April, 1904. Action by B. A. Sullivan against Southern Railway. From judgment for plaintiff, defendant appeals. cites : Sec. 2166, Code of 1902, is exclusive for wilful refusal to check baggage: Code 1902, sec. 2207; 26 E'ncy., 671; 19 Wall., 227; 120 U. S,, 747; 112 Fed. R., 724; 12 Am. Dec., 257; 21 Am. Dec., 449; 19 Fed. R., 505; 4 Bar., 2305; 16 Ency, P. & P., 239; 2 McC., 117; 1 N. & McC., 22; 15 S. C., 552; 14 S. G, 35; 40 S. C., 103; 47 S'. C., 233. cite: As to punitive damages: 54 S. C., 505; 37 A. & E. R. R. Cas., 232. Sec. 2166 of Code of 1902 is not…
1Opinion of the Court
The opinion here was filed May 5, 1906, but remittitur held up on petition for rehearing until
May 25, 1906. The opinion of the Court was delivered by The plaintiff sought by this action $1,000 damages on account of the alleged wilful and malicious acts of the defendant in refusing to check the baggage of the plaintiff, who was a passenger with a ticket from Abbeville to Greenwood on the 19th of September, 1902, and in throwing said baggage from the train and allowing it to remain uncared for.
The history of the case as taken from the appellant's brief is about as follows: "That on September…
2Cases cited4 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- McDaniel v. Monroe Bros.Supreme Court of South Carolina · 1902
- Ross v. Railway Co.Supreme Court of South Carolina · 1890
- Kaminitsky v. Northeastern RailroadSupreme Court of South Carolina · 1886
3Cited by1 opinion
- Calder v. Southern Ry.Supreme Court of South Carolina · 1911