Macon v. Southern Ry. Co.

• Decision Date: 04 August 1908
• Citation: 62 S.E. 6,81 S.C. 167
• Parties: MACON v. SOUTHERN RY. CO.
• Court: South Carolina Supreme Court

62 S.E. 6

81 S.C. 167

MACON v. SOUTHERN RY. CO.

Supreme Court of South Carolina

August 4, 1908

Appeal from Common Pleas Circuit Court of Cherokee County; R. C Watts, Judge.

Action by Eli Macon against the Southern Railway Company. Judgment for defendant. Plaintiff appeals. Affirmed.

N. W Hardin, for appellant.

W. S Hall, for respondent.

JONES J.

The plaintiff recovered judgment against defendant before a court of magistrate in Cherokee county for $70, as penalty for delayed shipment of freight, under the act of 1904 (24 St. at Large, p. 671). On appeal to the circuit court Judge Watts reversed the judgment of the magistrate's court, and dismissed the complaint. The question presented by plaintiff's grounds of appeal to this court is whether the action can be maintained under any view of the facts. The undisputed facts are that on February 7, 1907, plaintiff delivered to the defendant corporation, as a carrier of freight, a lot of household goods, valued at $70, for transportation from Chester, S. C., to Blacksburg, S. C., a distance of 40 miles, with request for prompt shipment, and received from defendant a bill of lading therefor. The goods were never delivered. Subsequently plaintiff filed with defendant a claim for $58.73 for the loss of the goods, and on June 19, 1907, received from defendant $50 in full settlement of all claims on account of said loss. On June 27 1907, after this settlement, plaintiff brought this action for penalty to the extent of the alleged value of the goods.

That portion of section 2 of the act which is relevant is as follows: "Sec. 2. That any such company failing to comply with the provisions of this act, except for good and sufficient cause, the burden of proof of which shall be on the company so failing, shall be subject, in addition to the liabilities and remedies now existing for unreasonable delay in the transportation of freight, to a penalty of five dollars per day of delay in excess of the time hereinbefore limited, to be recovered by any consignee who may be injured in any way by such delay, or by the owner or holder of the bill of lading, in any court of competent jurisdiction: Provided, that the sum of the penalty recovered shall not exceed the value of the goods and the transportation charges thereon," etc. This action was properly dismissed for two reasons: (1) The plaintiff, having received from the defendant satisfaction for total loss of...