Legal Opinion

Webb v. Atlantic Coast Line R. R.

Supreme Court of South Carolina

Decided February 28, 1907PublishedCited by 13 opinions

Before Gary, J., Clarendon, February, 1906. Action by W. Lester Webb against Atlantic Coast Line R. R. Co. on the following complaint: The words inclosed' in brackets are the parts the Circuit Judge refused to strike out on motion.

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Before Gary, J., Clarendon, February, 1906. Action by W. Lester Webb against Atlantic Coast Line R. R. Co. on the following complaint: The words inclosed' in brackets are the parts the Circuit Judge refused to strike out on motion. “The plaintiff above named, complaining of the above named defendant, alleges: “I. That the defendant is, and was at the times hereinafter mentioned, a corporation and common carrier doing business under the laws of this State, and maintained depots for receiving passengers and baggage for transportation, at Florence and Manning, both in said State. “II. That the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiff, a traveling salesman, brought this action for damages, actual and punitive, alleged to have accrued from delay in the delivery of a trunk of sample dry goods, received by the defendant at Florence, S. C., as baggage to be carried to Manning, S. C., and recovered judgment for one hundred and twenty-five dollars.

On motion of the defendant, the Circuit Judge struck out certain allegations of the complaint as irrelevant and redundant, but refused to strike out other allegations, and this refusal is made the first ground of…

2Cases cited5 opinions

  1. Pittsb. C. & St. L. Ry. Co. v. LyonSupreme Court of Pennsylvania · 1889
  2. Proctor v. Southern Ry.Supreme Court of South Carolina · 1901
  3. Watts v. South Bound R. R.Supreme Court of South Carolina · 1901
  4. Willis v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
  5. Boyd v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1903

3Cited by13 opinions

  1. Sample v. Gulf Refining Co.Supreme Court of South Carolina · 1937
  2. Bell v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1943
  3. Burrus v. Nevada-California-Oregon RailwayNevada Supreme Court · 1914
  4. Perry v. . R. R.Supreme Court of North Carolina · 1916
  5. Local 127, United Shoe Workers of America v. Brooks Shoe Manufacturing Co.Court of Appeals for the Third Circuit · 1962

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