Willett v. Southern Ry.
Supreme Court of South Carolina
Action by Thomas Willett against Southern Railway Co. From Circuit order affirming magistrate judgment, defendant appeals. Messrs.
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Action by Thomas Willett against Southern Railway Co. From Circuit order affirming magistrate judgment, defendant appeals. Messrs. Hendersons cite: Plaintiff must prove that defendant caused the doomage: Code, 1902, 2176; 58 S. C., 247; 26 S. ■ C., 258. Sec. 21†6, Code, 7902, places liability on first carrier: 33 S, C., 359; 43 S. C., 461. There is no proof that party receiving goods was common carrier: 5 Ency., 2 ed., 353; 6 Ency., 2 ed., 204, 242; 29 S. C., 277. cite: This case falls under the common law, which presumes the delivering carrier responsible: 3 Ency. .P. & P., 817, 820, 848.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, Thomas Willett, delivered an ornamental camphor wood chest to an expressman at Port Chester, N. Y., marked, “Thomas Willett, Aiken, S. C., via Clyde Line.” The chest was delivered to the plaintiff at Aiken, S. C., by the Southern Railway Company, in a damaged condition, with the crate shattered. This action to recover for the value of the chest was brought against Southern Railway Company as the last carrier having it in charge, the plaintiff alleging that the damage was so great as to' make the chest valueless. No…
2Cases cited5 opinions
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Hill v. Georgia &c. RailroadSupreme Court of South Carolina · 1895
- Cave v. Carolina Midland Ry. Co.Supreme Court of South Carolina · 1898
3Cited by16 opinions
- Glassman v. Chicago, Rock Island & Pacific RailwaySupreme Court of Iowa · 1914
- M. Lewis & Sons v. Illinois Cent. R.Tennessee Supreme Court · 1923
- Copeland Co. v. Davis, Dir. Gen.Supreme Court of South Carolina · 1923
- Eastover Mule & Horse Co. v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1914
- Goldberg v. New York, New Haven & Hartford R. R.Supreme Judicial Court of Maine · 1931
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