Terry v. Southern Ry.
Supreme Court of South Carolina
Before Purdy, J., Spartanburg, August, 1907. Action by C. P. Terry against Southern Railway Company. From order on circuit affirming judgment of Magistrate A. H. Kirby, defendant appeals. cites: Burden of proving absence of ordinary care is on bailor: 19 S. C., 82; 1 Chit. Con., 680; Story on Bail., sec. 410; 9 Wend., 2G8. Defendant could limit its liability here: 39 S. C., 60; 75 S. C., 324; 5 Cyc., 176. The receipt is a contract: 63 Am.
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Before Purdy, J., Spartanburg, August, 1907. Action by C. P. Terry against Southern Railway Company. From order on circuit affirming judgment of Magistrate A. H. Kirby, defendant appeals. cites: Burden of proving absence of ordinary care is on bailor: 19 S. C., 82; 1 Chit. Con., 680; Story on Bail., sec. 410; 9 Wend., 2G8. Defendant could limit its liability here: 39 S. C., 60; 75 S. C., 324; 5 Cyc., 176. The receipt is a contract: 63 Am. St. R., 359; 86 Ann St. R., 250'. Bailor is bound by conditions printed on receipt: 43 Or., 366; 25 Am. St. R., 660 ; 26 S. C., 96; 16 Mich., 79.; 100…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action of claim and delivery the plaintiff recovered judgment in a magistrate court for the possession of a suit case and contents, or seventy-five dollars, the value thereof, in case a delivery could not be had. The judgment of the magistrate was affirmed by the Circuit Court. 'The facts upon which the appeal turns were not in dispute.
The defendant kept at it© Spartanburg station a room where it received packages for safekeeping. It there received from plaintiff the suit, case and issued to' him a check, or receipt, of which…
2Cases cited3 opinions
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Dunbar v. Port Royal &c. Railway Co.Supreme Court of South Carolina · 1892
- Kaufman v. EhrlichSupreme Court of Georgia · 1894
3Cited by9 opinions
- Jones v. Great Northern Railway Co.Montana Supreme Court · 1923
- Munger Automobile Co. v. American Lloyds of DallasCourt of Appeals of Texas · 1924
- Brown v. HinesMissouri Court of Appeals · 1923
- Missouri Pacific Transportation Co. v. WilliamsSupreme Court of Arkansas · 1944
- Crosby v. 20 Fifth Avenue Hotel Co.City of New York Municipal Court · 1939
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