Bagnal v. Southern Express Co.
Decision Date | 10 February 1917 |
Docket Number | 9614. |
Citation | 91 S.E. 334,106 S.C. 395 |
Parties | BAGNAL v. SOUTHERN EXPRESS CO. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court, Sumter County; S.W. G Shipp, Judge.
Action by J. M. Bagnal against the Southern Express Company. Judgment for plaintiff in the magistrate's court, which was affirmed on appeal by the circuit court, and defendant appeals. Affirmed.
The defendant's exceptions here follow:
Mark Reynolds and B. D. Hodges, both of Sumter, for appellant.
L. D. Jennings and R. D. Epps, both of Sumter, for respondent.
This action was commenced in a magistrate's court to recover the sum of $1, the alleged value of a box of peaches, shipped from a station in Clarendon county to the plaintiff at Sumter, S. C., and for the penalty of $50, for failure to pay the claim within the time required by law. The address on the box did not contain the number of the street upon which the plaintiff resided. The same person, however, who shipped the peaches in question, had, on several previous occasions shipped boxes of peaches to the plaintiff similarly addressed, and they were delivered without delay. The box arrived at Sumter on Saturday morning of the 4th of July, but the 4th of July was not observed until Monday the 6th. Mrs. Adams, the daughter of the plaintiff, testified that on Tuesday morning, between 10 and 11...
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