Varnville Furniture Co. v. Charleston & W. C. Ry. Co.
Supreme Court of South Carolina
Before Memminger, J., Hampton, December, 1912. The facts are stated in the opinion. Action by the Varnville Furniture Company against the Charleston & Western Carolina Railway Company.
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Before Memminger, J., Hampton, December, 1912. The facts are stated in the opinion. Action by the Varnville Furniture Company against the Charleston & Western Carolina Railway Company. Judgment for plaintiff, defendant appeals. submits: The commerce act of Congress as amended by act of June 29, 1906, is exclusive of all State legislation, regulation or policy, as applied to an interstate-shipment, and renders null and void the penalty act of the State of South Carolina, of February, 1903, as amended February 15th, 1910, and cites: 219 U. S. 186; 55 L. Ed. 167, 178, 182; 26 Stats. 717, 719 and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff recovered judgment against defendant in a magistrate’s Court for $14.75 damages done to a shipment of furniture, while in defendant’s possession in this State, and $4.60, overcharges in the freight collected by defendant thereon, and $50, the penalty allowed by statute (Civ. Code, 1912, section 2573), for the failure of defendant to pay plaintiff’s claim for said damages and overcharge within 40 days after the filing thereof with defendant’s agent. The initial carrier, the Southern Railway Company, received the shipment at…
2Cases cited31 opinions
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