Grubbs v. Atlantic Coast Line R. Co.

• Decision Date: 27 May 1915
• Docket Number: 9114.
• Parties: GRUBBS v. ATLANTIC COAST LINE R. CO.
• Court: South Carolina Supreme Court

85 S.E. 405

101 S.C. 210

GRUBBS v. ATLANTIC COAST LINE R. CO.

No. 9114.

Supreme Court of South Carolina

May 27, 1915

Appeal from Common Pleas Circuit Court of Barnwell County; W. B Gruber, Special Judge.

"To be officially reported."

Action by J. B. Grubbs against the Atlantic Coast Line Railroad Company, begun in justice court and appealed by defendant to the circuit court. From a judgment there for plaintiff defendant appeals. Affirmed, on condition that plaintiff enter remittitur; otherwise, reversed and remanded.

Harley & Best, of Barnwell, for appellant.

Thos M. Boulware, of Barnwell, for respondent.

GARY C.J.

This action, which was commenced in a magistrate's court, is to recover the value of certain goods lost in transit, and for the statutory penalty.

Two sacks of rice were shipped from Charleston, S. C., to Hilda S.C. Before the sacks arrived at Hilda, 27 pounds of rice were lost from one of them. The plaintiff filed a statement with the defendant, claiming that the value of the lost rice was $1.45. The defendant refused payment. The value of the lost goods, when the shipment arrived at Hilda, was $1.45, but this was greater than the value thereof, at Charleston, when they were shipped, even including the freight charges. The bill of lading, under which the goods were shipped, contained the following stipulation:

"The amount of any loss or damage for which any carrier is liable, shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee, including the freight charges if prepaid), at the place and time of shipment under this bill of lading, unless a lower value has been represented in writing by the shipper, or has been agreed upon, or is determined by the classification of traffics upon which the rate is based, in any of which events such lower value shall be the maximum amount to govern such computation, whether or not such loss or damage occurs from negligence."

The magistrate rendered judgment in favor of the plaintiff for $1.45, the amount claimed, and for $50 penalty, whereupon the defendant appealed to the circuit court, which affirmed the magistrate's judgment, for the following reasons:

"Under the authorities in this state, the amount of loss is ascertained by showing the value of the goods at the point of destination. This may be varied by special contract, where the contract is based upon a valuable consideration. In the

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