German-American Insurance v. Southern Ry.
Supreme Court of South Carolina
Before Wieson, J., Eairfield, September, 1907> Action by German-American. Insurance Company and Millett & Company against Southern Railway Company.
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Before Wieson, J., Eairfield, September, 1907> Action by German-American. Insurance Company and Millett & Company against Southern Railway Company. Erom order permitting complaint afnended, defendant appeals. cite: Judgment of this Court is final: 75 S. C., 572; 77 S. C., 323. Order permitting amendment is error: 41 S. C., 86; 43 S. C., 230; 29 S. C., 161; 50 S. C., 398; 63 S. C., 307; 64 S. C., 491; 70 S. C., 270; 74 S. C, 243; 79 S. C., 270; 28 S. C., 449; 54 S. C., 113; 57 S. C., 256; 66 S. C., 342; 32 S. C., 145; 43 S. C., 225. Mr. McDonald cites: Bffect of judgment of this Court was to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff, German-American Insurance Company, under the principle of subrogation, seeks to recover of the defendant the sum of fifteen hundred and sixty dollars and eighty-four cents, the amount of insurance paid by it to the other plaintiffs, the owners of cotton destroyed by fire on the defendant’s platform. The vital allegation in the original complaint, on which the liability of the defendant depended, was that the cotton was placed on the platform with the knowledge and consent of the defendant, and there destroyed by fire…
2Cases cited2 opinions
- Lewis v. HinsonSupreme Court of South Carolina · 1902
- Wilson v. Virginia-Carolina Chemical Co.Supreme Court of South Carolina · 1907