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Frasier Co. v. Railway Co.

Supreme Court of South Carolina
Aug 4, 1908
81 S.C. 162 (S.C. 1908)



August 4, 1908.

Before GARY, J., Abbeville, October term, 1907. Affirmed.

Action by Frasier Co. against Charleston and Western Carolina Railway Company. From judgment of Circuit Court, plaintiff appeals.

Mr. Wm. N. Graydon, for appellant, cites: Is this an interstate shipment? 145 U.S. 192; 162 U.S. 650; 173 U.S. 285; 75 S.C. 276; 169 U.S. 133, 311.

Mr. Wm. P. Greene, contra, cites: Court properly held this to be an interstate shipment: 29 S.C. 510; 187 U.S. 617; 18 Fed., 13; 3 L.R.A., 238; 7 Inters. Com. R., 92, 160, 161; 17 L.R.A., 433; 4 Inters. Com. R., 403; 24 S.W., 1002; 22 L.R.A., 570; 145 U.S. 192; 142 U.S. 217.

August 4, 1908. The opinion of the Court was delivered by

This action was brought to recover damages and for penalty under the act of 1904 for delay in the transportation of a car of fertilizers from Yemassee, in this State, to Mt. Carmel, in this State, the necessary route, however, lying partly in the State of Georgia, by way of Augusta. There was no evidence that the delay occurred within this State. Judgment was allowed by consent for ten dollars damages, but judgment for penalty was denied by Judge Ernest Gary, who held that the transportation was interstate and that the statute, being limited to transportation within the State, did not apply.

The plaintiff's exceptions must be overruled under the cases of Sternberger v. Cape Fear, etc., Ry., 29 S.C. 510, 7 S.E., 836, 2 L.R.A., 105; Hanley v. Kansas City R. Co., 187 U.S. 617, and the case of Hunter v. Charleston and Western Carolina Ry. Co., post, 169.

The judgment of the Circuit Court is affirmed.

Summaries of

Frasier Co. v. Railway Co.

Supreme Court of South Carolina
Aug 4, 1908
81 S.C. 162 (S.C. 1908)
Case details for

Frasier Co. v. Railway Co.

Case Details


Court:Supreme Court of South Carolina

Date published: Aug 4, 1908


81 S.C. 162 (S.C. 1908)
62 S.E. 14

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