Salley v. Seabd. Air Line Ry
Decision Date | 27 February 1907 |
Citation | 56 S.E. 782,76 S.C. 173 |
Parties | SALLEY. v. SEABOARD AIR LINE RY. |
Court | South Carolina Supreme Court |
A railway company accepting a bill of lading marked, "Prompt shipment required, " assumes responsibility for delay of connecting carrier.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 9, Carriers, §§ 767, 770, 771.]
Under the act providing a penalty for failure to deliver freight in a certain number of hours, when notified that prompt shipment is required, Sunday is not to be included in the days for which the penalty is allowed, as freight trains are prohibited by law from running on Sunday.
Appeal from Common Pleas Circuit Court of Richland County; Klugh, Judge.
Action by J. I. Salley against the Seaboard Air Line Railway. From a judgment affirming a judgment of a magistrate, defendant appeals. Modified.
Wm. H. Lyles and'E. L. Craig, for appellant.
De Pass & De Pass and Jas. H. Fowles, for respondent.
This action was brought In the court of Magistrate Moorman to recover $50 alleged to be due as damages and statutory penalty for delay In transportation of fertilizers shipped over defendant's railroad from Columbia, S. C, by Southern Oil Company to the defendant at Woodford, S. C, on March 24, 1906, and not delivered until April 5, 1906. The answer was a general denial. The judgment for $40 penalty and $2 damages was affirmed by the circuit court. The statute under which the penalty was claimed provides: ...
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Daughty v. Northwestern R. Co. of South Carolina
...the consignee against defendant for loss of the goods, defendant is concluded by the bill of lading issued by its agent. Salley v. S. A. L., 76 S.C. 173, 56 S.E. 782; Thomas v. Railroad Co., 85 S.C. 537, 64 S.E. 220, S.E. 908, 34 L. R. A. (N. S.) 1177, 21 Ann. Cas. 223. It is clear, therefo......
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Smithie v. State
... ... affirmatively approved it. See Atlantic Coast Line R. Co ... v. Mallard, 53 Fla. 515, 43 So. 755 ... It is a ... general rule, though ... less than seven, Sunday is not counted. See Salley v ... Seaboard Air Line Ry., 76 S.C. 173, 56 S.E. 782; ... Atchison, T. & S. F. R. Co v ... ...
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Craig v. U.S. Health & Acc. Ins. Co.
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...damages and $40 statutory penalty was, quoting, 'affirmed, with the reduction of $5, the overcharge on the amount found as penalty.' 76 S.C. 173, 56 S.E. 782. The clear and concise judgment of this court in the appeal is here quoted from 79 S.C. at page 389, 60 S.E. at page 938: 'The questi......