Elder & Co. v. C. C. & A. Railroad

Supreme Court of South Carolina March 24, 1880

Elder & Co. v. C. C. & A. Railroad, 13 S.C. 279 (S.C. 1880)

1880 S.C. LEXIS 48

McGowan, McIvee, Willard

Opinion of the Court

The opinion of the court was delivered by

Willard, C. J.

This was an action in the trial justice’s court, in which the plaintiff obtained a verdict and judgment, which was set aside by the Circuit Court.

The case of Bonham v. the same defendants, just decided, disposes of the questions of law raised in this case. The charge *283of the trial justice was conformable to the conclusions at which we have arrived as stated in that case.

The judgment of the Circuit Court must be set aside and that of the trial justice affirmed.

McIvee and McGowan, A. J.’s, concurred.

Reference

Full Case Name: ELDER & CO. v. C. C. & A. RAILROAD CO.
Status: Published
Syllabus: Where a charter of a railroad company prescribed a maximum rate of charge for the transportation of heavy articles by the hundred pounds, and of articles of measurement by the cubic foot, without further definition in the act itself, it was properly left to the jury to determine whether cotton in bales were heavy articles, or articles of measurement, within the meaning which custom,had given to those terms at the date of the charter.