Parler v. Davis, Dir. Gen.
Supreme Court of South Carolina
Before C.. J. RamagE, Special Judge. Barnwell, June, 1922. Action by J. A. Parler against James C. Davis as Director General of Railroads. . Judgment for defendant and plaintiff appeals. cite: Defendant was charged as warehouseman: 109 S. E., 397; 76 S. C., 476; 6 Cyc., 453. Presumption of negligence from-loss by warehouseman: 99 S. C., 433. No demand necessary where it would have been futile: 104 S. C., 376. cite: Warehouseman liable only for negligence: 60 D. Ed., 840; 194…
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Before C.. J. RamagE, Special Judge. Barnwell, June, 1922. Action by J. A. Parler against James C. Davis as Director General of Railroads. . Judgment for defendant and plaintiff appeals. cite: Defendant was charged as warehouseman: 109 S. E., 397; 76 S. C., 476; 6 Cyc., 453. Presumption of negligence from-loss by warehouseman: 99 S. C., 433. No demand necessary where it would have been futile: 104 S. C., 376. cite: Warehouseman liable only for negligence: 60 D. Ed., 840; 194 U. S., 427; 11-Wall., 129. Reasonable time to remove .goods is question of law for Court: 1 Moore on Carriers (2d Ed.),…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Coti-iran.
Action for $186 damages, the value of a bale of cotton alleged to have been constructively delivered to the railroad company awaiting shipment, and negligently lost or shipped away. The case was tried by Special Judge Ramage and a jury June, 1922, at Barnwell. At the close of all the evidence the presiding Judge directed a verdict in favor of the defendant. The plaintiff has appealed, and by a single exception assigns error in said direction of a verdict, upon the ground that, under the pleadings, the testimony raised an issue of…
2Cases cited2 opinions
- Copeland v. Southern Ry.Supreme Court of South Carolina · 1907
- Behrman v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1921