Legal Opinion

Mathis v. Southern Ry.

Supreme Court of South Carolina

Decided February 27, 1903PublishedCited by 5 opinions

Before Klugh, J., Barnwell, March, 1902. Action by 'Charles H. Mathis against Southern Railway Co. From judgment for plaintiff, defendant appeals. cite: For not supplying cars, carrier is responsible for unreasonable delay only: 79 Mo., 296; 5 Ency., 2 ed., 168, N.; 87 Tex., 211. Carrier may refuse to carry goods which he has no means of carrying safely: Story on Bail., 4 ed., sec. 508; Hutch, on Cor., 2 ed., sec. 117; 14 Rich., 181; 70 Cal., 169; 25 Mich., 329; 1 C. B. N.…

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Before Klugh, J., Barnwell, March, 1902. Action by 'Charles H. Mathis against Southern Railway Co. From judgment for plaintiff, defendant appeals. cite: For not supplying cars, carrier is responsible for unreasonable delay only: 79 Mo., 296; 5 Ency., 2 ed., 168, N.; 87 Tex., 211. Carrier may refuse to carry goods which he has no means of carrying safely: Story on Bail., 4 ed., sec. 508; Hutch, on Cor., 2 ed., sec. 117; 14 Rich., 181; 70 Cal., 169; 25 Mich., 329; 1 C. B. N. S., 454; 49 R. R. A., 462; Elliot on R. R., sec. 1474; 79 la., 321; 3 Col., 280. Duty of forzvarder: Story on Bail., 4…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

Statement of Facts. — This is an action for damages, arising out of the defendant’s alleged failure to provide suitable refrigerator cars for transporting the plaintiff’s melons to northern markets. The questions presented by the exceptions are so largely dependent upon the exact issues raised by the pleadings, that we have deemed it advisable to set forth one of the causes, of action alleged in the complaint, which is as follows:

“(1) That at the times hereinafter set forth, the defendant above named was and is now a railroad…

2Cases cited1 opinion

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880

3Cited by5 opinions

  1. Oregon R. & Navigation Co. v. DumasCourt of Appeals for the Ninth Circuit · 1910
  2. Adger v. Blue Ridge RailwaySupreme Court of South Carolina · 1905
  3. Davis v. McKinleyCourt of Appeals of Kentucky · 1923
  4. Strock v. So. Ry. &8212 Carolina DivisionSupreme Court of South Carolina · 1927
  5. Strock v. So. Ry. &8212 Carolina DivisionSupreme Court of South Carolina · 1927

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