Salley v. Seaboard Air Line Ry.
Supreme Court of South Carolina
Before Klugh, J., Richland, July, 1906. Action by J. I. Sally against Seaboard Air Line Railway in court of magistrate Moorman. From Circuit judgment affirming magistrate judgment, defendant appeals. The 'defendant issued its bill of lading before it received the goods. They were delivered to Southern Railway, and by it to defendant.
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Before Klugh, J., Richland, July, 1906. Action by J. I. Sally against Seaboard Air Line Railway in court of magistrate Moorman. From Circuit judgment affirming magistrate judgment, defendant appeals. The 'defendant issued its bill of lading before it received the goods. They were delivered to Southern Railway, and by it to defendant. The latter cites: The act must be strictly construed: 73 S. C., 37; 26 S. C., 294; 26 Ency., 658. What would bar a recovery at common law for failure to1 ship within a reasonable time must be accepted as “good and sufficient cause” for failure to ship under the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This action was brought in the Court of magistrate Moorman to recover fifty dollars alleged to be due as damages and statutory penalty for delay in transportation of fertilizers shipped over defendant's rail road from Columbia, S. C., by Southern Oil Company to the defendant at Woodford, S. C., on March the 24th, 1906, and not delivered until April the 5th, 1906. The answer was a general denial. The judgment for forty dollars penalty and two dollars damages was affirmed by the Circuit Court.
The statute under which the penalty was…
2Cited by6 opinions
- Daughty v. Northwestern RailroadSupreme Court of South Carolina · 1912
- Smithie v. StateSupreme Court of Florida · 1924
- Dill v. Lumbermens Mutual Ins. Co.Supreme Court of South Carolina · 1949
- Leonard v. AtkinsonSupreme Court of South Carolina · 1925
- Blue Ridge Collection Agency v. Southern Railway Co.Supreme Court of North Carolina · 1908
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