Miller v. South Carolina Ry. Co.

• Decision Date: 04 October 1890
• Citation: 11 S.E. 1093,33 S.C. 359
• Parties: MILLER et al. v. SOUTH CAROLINA RY. Co.
• Court: South Carolina Supreme Court

11 S.E. 1093

33 S.C. 359

MILLER et al. v. SOUTH CAROLINA RY. Co.

Supreme Court of South Carolina

October 4, 1890

Appeal from common pleas circuit court of Richland county; J. J NORTON, Judge.

Lyles & Haynesworth, for appellants.

Brawley & Barnwell, for respondents.

McGOWAN. J.

This action was brought to recover from the defendant company damages for the loss, alleged to be $650, of certain cotton and paper stock (whatever that may be) shipped by them upon defendant's railroad, to be delivered to plaintiff's own order at Buffalo, in the state of New York. The proof was that the property was delivered to the defendant corporation at Columbia, S. C., and that "the connecting lines to Buffalo" were the steam-ship company from Charleston to New York city, and thereon by the New-York Central & Hudson River Railroad. It did not clearly appear what became of the property, but for the purposes of this case it may be assumed, as found by Judge NORTON, that "the goods were somewhere on the road delayed, and substituted with worthless stuff, and therefore did not reach their destination, and were a total loss to the plaintiffs." Assuming this, the question was whether the defendant company, "the initial corporation" in the connecting lines to its destination,--Buffalo, N. Y.,--was liable in damages for its loss, or had, under the act upon the subject, discharged itself by delivering the property to the corporation to whom it was its duty to deliver the same in the regular course of transportation. The plaintiffs proved the following receipts or bills of lading, under which the goods described in the complaint were received by defendant, marked "P" and "Q:"

"Exhibit P. South Carolina Railway, Columbia, S. C., Oct. 3, 1887. Received of Miller Bros. for transportation, as per marks and directions as herein given, subject to the conditions stated on the back of this receipt, and to which by acceptance shipper assents, the following described bales of cotton:

----------------------------------------------------------- ----------------------------------------------------------- Marks. Number of Bales. Consignee and Destination. ----------------------------------------------------------- K. V. X. (3) Three B / C. O / nfy Frt. pre paid to Buffalo. J. A. Schreck, Rate 50ct. per 100 lbs. to New York. Buffalo, N. Y -----------------------------------------------------------

"To be shipped via S.C. at through rate of___per bale. D McQUEEN. Per W. H. CASSON, JR.

"The conditions of this receipt are: (1) That the South Carolina Railway Company shall only be accountable for the property named in this receipt while upon its own road. (2) That, acting as forwarders only, they are released when the same is by them delivered to connecting railroads or steam-ship lines by which it is to be carried to its destination. (3) And it is further stipulated and agreed that the South Carolina Railway, or any connecting lines, docs not assume any marine risks, and that no liability will be assumed for the wrong carriage or wrong delivery of cotton marked with initials, numbered, or imperfectly marked. (4) It is further stipulated and agreed that in case of loss or detriment, or damage done to or sustained by the cotton herein receipted for during such transportation, whereby any legal liability or responsibility shall or may be incurred, that company shall be held answerable therefor in whose actual custody the same may be at the time of the happening of such loss, detriment, or damage; and the carriers so liable shall have the full benefit of any insurance that may have been effected upon or on account of said cotton. (5) And it is further agreed that the amount of loss and damage so accruing, so far as it shall fall upon the carriers above described, shall be computed at the value or coat of the said cotton, at the place and at, the time of shipment under the bill of lading.

"Notice: In accepting this bill of lading, the shipper, or other agent of the property carried, expressly accepts and agrees to all its stipulations, exceptions, and conditions. In witness whereof the agent hath affirmed on the face of this bill of lading. This receipt to be presented without alteration or erasure."

"Exhibit Q. South Carolina Railway, Columbia, S. C., Oct. 3, 1887. No. 10. Received of Miller Bros. for transportation, etc., (as in above receipt:)

------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Marks. Number of Bales. Consignee and Destination. ------------------------------------------------------------------------------- W. I. D. (3) Three B / paper stock. O / nfy. T. I. C. (5) Five B / paper stock. J. A. Schreck, Rate 58 Weight 4,658 lbs. ct. per 100 lbs. to Buffalo, N. Y. Buffalo.

"To be shipped via S.C. at through rate of___per bale. D. MCQUEEN. Per W. H. CASON, JR." Conditions same as in Exhibit P.

Witness says, referring to Exhibits P and Q, that "O / nty" means "Shipped to the order of shipper, with directions to notify party named." On September 14, 1888, Messrs Lyles & Haynesworth, plaintiffs' attorneys, addressed a letter to the defendant company, requesting that they would deliver "the receipt" taken by said company from the connecting line to which they delivered the cotton, if they did so deliver it. It seems that the matter was referred to Mr. Warring, "general claim-agent of the company "and that he, thinking that the receipt required was that of the first "connecting railroad," replied immediately that he would write to New York and get the receipt from the New York Central & Hudson River Railroad, as requested. On October 5th ensuing he again wrote, saying that he had succeeded in getting the receipt, (inclosing the papers,) which would show that the goods in question were delivered by the railway and steam-ship companies to "the connecting railroad in New York." The plaintiffs' attorneys, however, returned the papers as defective in form, and as being "mere copies;" and, pending explanations as to the objections made, commenced this action on February 16, 1889. No further reference, however, to these papers need now be made, as the circuit judge refused to admit them in evidence, for the reason that, as he construed the statute, (section 1513; Gen. St.,) the steamship company was the first connecting line with the South Carolina Railway Company, and in order to discharge that company it was necessary to show that the property had been delivered to the steamship company. A motion was made for a nonsuit, but, that being refused, the defense called as a witness E. P. Warring, who testified as follows: "I am claim and trace agent for the South Carolina Railway Company. (Witness is shown papers marked 'A' and 'B,' being duplicate receipts of the New York Central & Hudson River Railroad; but Mr. Lyles admits that the signatures on those papers are what they purport to be.) I obtained these papers from N.Y. & H. R. R. R. Co.'s office in New York city. (Witness is shown paper marked 'C,'...