Aycock-little Co v. Southern Ry. Co

• Decision Date: 19 March 1907
• Citation: 57 S.E. 27,76 S.C. 331
• Parties: AYCOCK-LITTLE CO. v. SOUTHERN RY. CO.
• Court: South Carolina Supreme Court

57 S.E. 27

76 S.C. 331

AYCOCK-LITTLE CO.

v.SOUTHERN RY. CO.

Supreme Court of South Carolina.

March 19, 1907.

Statutes—Title of Act: —Validity.

Act 1903 (24 St. at Large, p. 81), entitled "An act to regulate the manner in which common carriers, doing business in this state, shall adjust freight rates and claims for loss or damage of freight, " is not in violation of Const, art. 3, § 17, in that the title and the body of the act relate to different subjects; one relating to the payment of freight rates to the carrier, and the other relating to the payment of loss or damage to freight by the carrier to the customer.

[Ed. Note.—For cases in point, see Cent Dig. vol. 44, Statutes, §§ 124, 141, 144.]

Appeal from Common Pleas Circuit Court of Union County; Prince, Judge.

Action by the Aycock-Little Company against the Southern Railway Company. From an order of the circuit court, permitting a judgment of a magistrate for plaintiff, defendant appeals. Affirmed.

Towusend & Townsend, for appellant.

John K. Hamilton, for respondent

JONES, J. Judgment was rendered in a magistrate's court in favor of plaintiff against defendant for $7 loss or damage to freight over defendant's line and $50 penalty, under the act of 1903 (24 St. at Large, p. 81), for failure to adjust and pay said loss or damage within 40 days, as required by the statute, and this judgment on appeal was affirmed by the circuit court

One of the questions raised before the circuit court, and the only question involved in this appeal, is whether the said act of 1903 is in violation of article 3, § 17, of the Constitution, requiring that "every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title." The title of the act in question is "An act to regulate the manner In which common carriers doing business in this state shall adjust freight charges and claims for loss of or damage to freight." Section 1 provides that common carriers shall settle their freight charges according to the rate stipulated in the bill of lading, which must conform to certain classifications named in the act, and further prescribing certain duties and liabilities in connection therewith. Section 2 provides that every claim for loss or damage to property while in the carrier's possession shall be adjusted and paid within 40 days in case of state shipments, and 90 days in case of interstate shipments, after the filing of the claim with the agent of the carrier at point of...