57 S.E. 768 (S.C. 1907), Jamison v. Southern Ry.

Citation:57 S.E. 768, 77 S.C. 216
Opinion Judge:JONES, J.
Party Name:JAMISON v. SOUTHERN RY.
Attorney:B. L. Abney and Jno. P. Thomas, Jr., for appellant. Jas. H. Fowles, Jr., for respondent.
Case Date:June 12, 1907
Court:Supreme Court of South Carolina
 
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Page 768

57 S.E. 768 (S.C. 1907)

77 S.C. 216

JAMISON

v.

SOUTHERN RY.

Supreme Court of South Carolina

June 12, 1907

Appeal from Common Pleas Circuit Court of Richland County; Klugh, Judge.

[77 S.C. 217] Action by Maggie Jamison against the Southern Railway. From a judgment of the circuit court affirming a judgment of magistrate, defendant appeals. Affirmed.

B. L. Abney and Jno. P. Thomas, Jr., for appellant. Jas. H. Fowles, Jr., for respondent.

JONES, J.

The defendant appeals from the judgment of the circuit court affirming the judgment of a magistrate to recover damages and penalty for unreasonable delay in the transportation of freight under the provisions of the act of 1904 (24 St. at Large, p. 671). The freight, consisting of household furniture, was delivered to defendant at Winnsboro, on February 2, 1906, for transportation to Columbia, S. C., a distance of about 38 miles, for which plaintiff received a bill of lading. The bill of lading did not contain the words "prompt shipment required"; but the plaintiff testified that she told the agent's clerk that she was compelled to have the goods right away, and that he assured her the goods would reach Columbia that night by 12 o'clock. Defendant's agent testified that plaintiff asked him when he could get the goods off, and that he told her he thought he could get them off that night. The agent further testified that he had no notice whatever that prompt shipment was required; that at that time traffic was heavy and cars scarce; that the freight left Winnsboro on the 8th of February, a defective car being in the way of getting the car containing the freight on the main[77 S.C. 218] line; that a freight train ought to go in a day from Winnsboro to Columbia. The freight arrived at Columbia on the 14th, and was received by plaintiff next day. There was evidence that plaintiff was damaged to the extent of $5.34, as found by the magistrate.

Page 769

In addition to this, the magistrate gave judgment for $45 penalty.

The question presented by the exceptions is whether the notice given for prompt shipment was sufficient to bring the case within the statute.

Section 1 of the statute provides that: "*** All railroad companies doing business in this state shall transport to its destination all freight received by them for transportation within this state within a reasonable time after receipt...

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