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Stallings v. Southern Railway

Supreme Court of South Carolina
Aug 15, 1912
92 S.C. 290 (S.C. 1912)

Opinion

8296

August 15, 1912.

Before WATTS, J., Spartanburg, July, 1911. Reversed.

Action by E.L. Stallings against Southern Railway in court of magistrate S.M. Wetmore. From Circuit order affirming magistrate judgment, defendant appeals.

Mr. J.B. Atkinson, for appellant, cites: The penalty act of 1910 is unconstitutional in that no reference is made to this provision in the title: 68 S.C. 149; 76 S.C. 332; 89 S.C. 94; 75 S.C. 425.

Mr. C.C. Wyche, contra, cites: The penalty act is not invalid as alleged: 16 S.C. 47; 75 S.C. 427; 76 S.C. 332.


August 15, 1912. The opinion of the Court was delivered by


The plaintiff recovered a judgment in a magistrate's court for seventy-five cents overcharge of freight on washstands shipped from Savannah, Georgia, to Spartanburg, South Carolina, and fifty dollars, the penalty for such overcharge. On appeal the judgment was affirmed by the Circuit Court. The plaintiff admitted in his testimony that he paid the freight without objection. This admission was fatal for since the case was heard in the Circuit Court it has been decided in Hardaway v. Southern Ry. Co., 90 S.C. 475, that there can be no recovery for such overchange voluntarily paid. This conclusion renders unnecessary the other questions made by the appeal.

Reversed.

MR. JUSTICE WATTS disqualified.


Summaries of

Stallings v. Southern Railway

Supreme Court of South Carolina
Aug 15, 1912
92 S.C. 290 (S.C. 1912)
Case details for

Stallings v. Southern Railway

Case Details

Full title:STALLINGS v. SOUTHERN RY

Court:Supreme Court of South Carolina

Date published: Aug 15, 1912

Citations

92 S.C. 290 (S.C. 1912)
75 S.E. 449

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