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Manufacturing Co. v. Railroad Co.

Supreme Court of South Carolina
Jan 8, 1909
82 S.C. 121 (S.C. 1909)

Opinion

6987

January 8, 1909.

Before GAGE, J., Colleton, December, 1907. Affirmed.

Action by Colleton Mercantile and Manufacturing Company against Atlantic Coast Line Railroad Company. From Circuit judgment, affirming judgment of Magistrate J.E. Bryan, defendant appeals.

Messrs. P.A. Willcox and J.E. Peurifoy, for appellant. Mr. Willcox cites: 91 U.S. 279; 163 U.S. 142; 146 U.S. 122; 196 U.S. 194.

Mr. J.G. Padgett, contra, cites: 73 S.C. 71, 140, 542; 78 S.C. 167.

The opinion in this case was filed August 4, 1908, but remittitur held up on application for writ of error to United States Supreme Court. No action was taken, and the Reporter casually learned the case had been settled and application for writ of error abandoned on


January 8, 1909. The opinion of the Court was delivered by


The sole question presented in this case is whether the penalty statute of 1893 (24 St. at Large, p. 81) violates the interstate commerce clause of the Federal Constitution in so far as it relates to the failure to adjust claim for loss of freight shipped from a point in New York to Walterboro, in this State. A part of the single shipment of hats was delivered by defendant to plaintiff at destination, and in the absence of explanatory evidence the presumption is that the loss occurred while the goods were in possession of defendant. The statute was designed to effectuate an important public purpose, with respect to the duty of common carriers in this State, and the delict penalized occurred in this State. It has been several times decided that the statute in question does not interfere with interstate commerce. Charles v. Railway Co., 78 S.C. 36, 58 S.E., 927; Venning v. A.C.L. R.R. Co., 78 S.C. 57, 58 S.E., 983, 12 L.R.A. (N.S.), 1217; Von Lehre v. A.C.L.R. Co., 78 S.C. 167, 168, 59 S.E., 1135.

The judgment of the Circuit Court is affirmed.


Summaries of

Manufacturing Co. v. Railroad Co.

Supreme Court of South Carolina
Jan 8, 1909
82 S.C. 121 (S.C. 1909)
Case details for

Manufacturing Co. v. Railroad Co.

Case Details

Full title:COLLETON MERCANTILE AND MANUFACTURING CO. v. ATLANTIC COAST LINE R.R. CO

Court:Supreme Court of South Carolina

Date published: Jan 8, 1909

Citations

82 S.C. 121 (S.C. 1909)
62 S.E. 6

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