Adger v. Blue Ridge Railway
Supreme Court of South Carolina
Before Townsend, J., Anderson, Action by Jane W. Adger against Blue Ridge Railway Company. From- judgment for plaintiff, defendant appeals on the following exceptions: “I. Error of the presiding Judge in refusing the defendant’s second request to- charge, which was as follows: ‘The relation of passenger and carrier must exist before the plaintiff can hold the defendant to the strict liability of a carrier.
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Before Townsend, J., Anderson, Action by Jane W. Adger against Blue Ridge Railway Company. From- judgment for plaintiff, defendant appeals on the following exceptions: “I. Error of the presiding Judge in refusing the defendant’s second request to- charge, which was as follows: ‘The relation of passenger and carrier must exist before the plaintiff can hold the defendant to the strict liability of a carrier. If the plaintiff bought a ticket over the defendant’s railroad, not intending to ride upon defendant’s train and'in fact did not ride, but bought said ticket for the purpose solely of…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The allegations of the complaint material to the questions presented by the exceptions are as follows: “That on the third day of September, A. D. 1903, the plaintiff delivered to the defendant, through its proper and lawful agents, in the town of Walhalla, State of South Carolina, one trunk in good shipping order, to be transported for valuable consideration, then and there paid, either over its own or over connecting railway lines, from the town of Walhalla to the city' of Charleston, State aforesaid. That the defendant accepted the…
2Cases cited1 opinion
- Mathis v. Southern Ry.Supreme Court of South Carolina · 1903
3Cited by2 opinions
- Texas & P. Ry. Co. v. GrahamCourt of Appeals of Texas · 1923
- Atlantic Coast Line Railroad v. Campen Bros.Supreme Court of Florida · 1934