Deaver-Jeter Co. v. Southern Ry.
Supreme Court of South Carolina
Before Gary, J., Union, September term, 1911. Action by Deaver-Jeter Company against Southern Railway. Plaintiff appeals.
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Before Gary, J., Union, September term, 1911. Action by Deaver-Jeter Company against Southern Railway. Plaintiff appeals. Mr. Hamblin cites: There was evidence to show the goods were lost in possession of defendant: 7G S. C. 311; 66 S. C. 478. The stipulation as to time for filing claims for damages may be waived: 85 S. C. 35; 70 S. C. 22, 395; 78 S. C. 397; 81 S. C. 473; 84 S. C. 351. This stipulation does not apply here: 5 Ency. 334-5; 80 Tex. 603; 87 Ga. 734; 55 Am. & Eng. R. R. Cas. 337. The letter is the declarations of an agent within the scope of his agency: 77 S. C. 131; 53 S. C. 448.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an appeal from an order of nonsuit. In August, 1908, The Fechheimer-Keifer Company, of Cincinnati, delivered to the Louisville & Nashville Railroad Company a case of clothing for transportation and delivery to plaintiff at Carlisle, S. C. The goods never reached destination. Plaintiff made inquiry for them of defendant’s agent at Carlisle, and under date of September 14, 1908, he wrote plaintiff: “I am informed by our route agent, Mr. W. G. Wall, that a case of clothing consigned to you all shipped from Cincinnati, Ohio, was…
2Cases cited1 opinion
- Kelly v. Southern Ry.Supreme Court of South Carolina · 1909
3Cited by6 opinions
- Hopper Paper Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1949
- Louda v. Prague Assurance-National Corp.Appellate Court of Illinois · 1952
- Deaver-Jeter Co. v. Southern Ry.Supreme Court of South Carolina · 1913
- A. F. Thompson Manufacturing Co. v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1924
- Kershaw Oil Mill v. Northwestern RailroadSupreme Court of South Carolina · 1925
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