German-American Insurance v. Southern Ry.
Supreme Court of South Carolina
Action by German-American Insurance Co., Royal Insurance Co. and Millett and Co. against Southern Ry. Co. From judgment for plaintiff, defendant appeals on following exceptions: 1. “That his Honor, the presiding Judge, erred in refusing the motion to direct a verdict in favor of the defendant, upon the ground that it appeared from the undisputed evidence in the case, that the property destroyed had been placed on the defendant’s right of way by Millett & Company, the owners,…
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Action by German-American Insurance Co., Royal Insurance Co. and Millett and Co. against Southern Ry. Co. From judgment for plaintiff, defendant appeals on following exceptions: 1. “That his Honor, the presiding Judge, erred in refusing the motion to direct a verdict in favor of the defendant, upon the ground that it appeared from the undisputed evidence in the case, that the property destroyed had been placed on the defendant’s right of way by Millett & Company, the owners, with knowledge that the defendant did not consent to its being so placed before it should be tendered for shipment, and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff insurance company seeks to be subrogated to the rights of Millett & Co. to recover under section 2135 of the Code. This statute makes every railroad corporation responsible in damages to the owner whose property may be injured by fire, communicated by its locomotive engines or originating within the limits of the right of way, in consequence of the act of its authorized agents or employees, except in any case where the property shall have been placed on the right of way of such corporation, unlawfully or without its…
2Cases cited3 opinions
- Griswold v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Osgood v. Central Vermont Railway Co.Supreme Court of Vermont · 1905
- Mann v. Pere Marquette RailroadMichigan Supreme Court · 1903
3Cited by11 opinions
- Pride v. Southern Bell Telephone & Telegraph Co.Supreme Court of South Carolina · 1964
- Watson v. Southern Railway Co.District Court, D. South Carolina · 1975
- Mayfield v. Southern Ry.—Carolina DivisionSupreme Court of South Carolina · 1910
- Singleton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1932
- Hutto v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
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