75 S.E. 962 (S.C. 1912), Visanaka v. Southern Express Co.

Citation:75 S.E. 962, 92 S.C. 573
Opinion Judge:WOODS, J.
Party Name:VISANAKA v. SOUTHERN EXPRESS CO.
Case Date:October 08, 1912
Court:Supreme Court of South Carolina
 
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Page 962

75 S.E. 962 (S.C. 1912)

92 S.C. 573

VISANAKA

v.

SOUTHERN EXPRESS CO.

Supreme Court of South Carolina

October 8, 1912

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

"To be officially reported."

Action by B. Visanaka against the Southern Express Company. From the judgment, both parties appeal. Modified.

Page 963

WOODS, J.

The plaintiff, a jewelry merchant, delivered to the defendant express company at Columbia on March 31, 1909, a package containing diamonds and other jewelry of the value of $677.01, for shipment to M. Visanaka, in the city of New York. When the package was received by the consignee, two rings of the aggregate value of $131.50 were missing. The defense to this action to recover the value of the lost rings rests on the allegations that the plaintiff falsely billed the goods shipped, in violation of the federal statute which forbids and declares to be a crime "false billing" by a consignor. The plaintiff indorsed on the package "value $400," and obtained transportation for 95 cents, under a contract of shipment which contained this stipulation: "In consideration of the rate of charges for carrying said property, which is regulated by the valuation and classification thereof, and is based upon a valuation not exceeding fifty and 00-100 ($50.00) dollars, unless a greater value is declared, and the shipper agrees that the value of said property is not more than fifty and 00-100 ($50.00) dollars, unless a greater value is stated therein, and that the company shall not be liable in any event for more than the value so stated." On the 31st day of March, 1909, the regular schedule of express rates from Columbia to New York for carriage of goods, duly filed with the Interstate Commerce Commission as required by law, showed that the rates of defendant were regulated by the valuation and classification thereof, and based upon a valuation not exceeding $50 in case of each shipment, unless a greater valuation was declared, and that, when value excess of $50 was so declared, an additional charge was made, which for jewelry was 15 cents for every hundred dollars, or fraction thereof. Paragraph 3 of section 10 of the Interstate Commerce Commission Law provides: "Any person and any officer or [92 S.C. 575] agent of any corporation or company who shall deliver property for transportation to any common carrier subject to the...

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