Legal Opinion

Daughty v. Northwestern Railroad

Supreme Court of South Carolina

Decided September 2, 1912No. 8307PublishedCited by 19 opinions

Before Ríos, J., Clarendon, February, 1913. Action by Ferdinand Daughty against Northwestern R.ailroad Co. Plaintiff appeals. cites: Reception by 1defendant of part of shipment raises presumption of receipt of whole: 76 S. C. 308; 77 S. C. 317. Connecting carriers are agents of each other: 78 S. C. 42; 24 Stat. 1; 89 S. C. 415. Appeal lies from order granting new trial: 35 S. C. 569; 77 S. C. 320. Messrs.

Read the full summary

Before Ríos, J., Clarendon, February, 1913. Action by Ferdinand Daughty against Northwestern R.ailroad Co. Plaintiff appeals. cites: Reception by 1defendant of part of shipment raises presumption of receipt of whole: 76 S. C. 308; 77 S. C. 317. Connecting carriers are agents of each other: 78 S. C. 42; 24 Stat. 1; 89 S. C. 415. Appeal lies from order granting new trial: 35 S. C. 569; 77 S. C. 320. Messrs. Purdy & O’Bryan cite: This appeal will not be considered by this Court: 35 S. C. 569; 83 S. C. 33.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

On April 30, 1911, the Atlantic Coast Line Railroad Company issued its bill of lading to S. Hirschman & Son at Charleston, S. C., covering eight sacks of corn consigned to plaintiff at Summerton, S. C. The defendant delivered only seven sacks, and plaintiff filed his claim with defendant’s agent at Summerton for $1.70, the value of the undelivered sack. The claim was not paid within thirty days, and plaintiff sued in magistrate’s court and recovered judgment for $1.70, the value of the missing-sack, and for the penalty of $50…

2Cases cited13 opinions

  1. Lampley v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  2. State v. BradfordSupreme Court of South Carolina · 1911
  3. Epperson v. StansillSupreme Court of South Carolina · 1902
  4. Venning v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
  5. Thomas v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Sellars v. CollinsSupreme Court of South Carolina · 1948
  2. Ingram v. Hines, Dir. Gen.Supreme Court of South Carolina · 1923
  3. Snipes v. Davis, Director GeneralSupreme Court of South Carolina · 1925
  4. Coleman v. Page's EstateSupreme Court of South Carolina · 1943
  5. Parham-Thomas-McSwain, Inc. v. Atlantic Life InsuranceSupreme Court of South Carolina · 1916

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API