Legal Opinion

George D. Shore & Bro. v. Baltimore & Ohio Railroad

Supreme Court of South Carolina

Decided March 28, 1907PublishedCited by 3 opinions

Before Purdy, J., Sumter, February, 1906. Action by George D. Shore & Bro. against Baltimore and Ohio Railroad Co. From order dissolving attachment on the motion of the Atlantic Coast Line Co., intervenor, plaintiff appeals. cite: The Atlantic Coast Line R. R. has no right to intervene under sec. 2¡¡a of Code: 17 S. C., 116, 120; 25 S. C., 467. The car was not engaged in interstate commerce when attached, and the rule invoked by respondent does not apply: 65 S. C., 526; Aug.…

Read the full summary

Before Purdy, J., Sumter, February, 1906. Action by George D. Shore & Bro. against Baltimore and Ohio Railroad Co. From order dissolving attachment on the motion of the Atlantic Coast Line Co., intervenor, plaintiff appeals. cite: The Atlantic Coast Line R. R. has no right to intervene under sec. 2¡¡a of Code: 17 S. C., 116, 120; 25 S. C., 467. The car was not engaged in interstate commerce when attached, and the rule invoked by respondent does not apply: 65 S. C., 526; Aug. & Ames, on C'orp., secs. 640, 641; 4 Cyc., 557'; 75 Am. Dec., 518; 72 Am. Dec., 336; 32 Ni H., 484; 17 Ency., 70; 34 L.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff brought this action to recover of the Baltimore & Ohio Railroad Company damages for failure to promptly deliver a shipment of corn, and procured a warrant of attachment against defendant as a foreign corporation alleged to have property in this State. After giving the notice required by Section 2178, Vol. I., Civil Code, the sheriff, under this warrant of attachment, seized a freight box car, No. 81610, belonging to the Baltimore & Ohio R. R. Co., while in the possession of the Atlantic Coast Line R. R. Co., and standing…

2Cases cited3 opinions

  1. Wall v. N. & W. R. R.West Virginia Supreme Court · 1903
  2. Ford v. CalhounSupreme Court of South Carolina · 1898
  3. Chitty v. Pennsylvania Ry. Co.Supreme Court of South Carolina · 1902

3Cited by3 opinions

  1. DeRochemont v. New York Central & Hudson River RailroadSupreme Court of New Hampshire · 1909
  2. Martin v. One Chevrolet TruckSupreme Court of South Carolina · 1945
  3. Dye v. Denver & Rio Grande RailroadSupreme Court of Kansas · 1915

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

Powered by the Exa API