DesChamps v. Atlantic Coast Line R. R.
DesChamps v. Atlantic Coast Line R. R.
Opinion of the Court
The opinion of the Court was delivered by
A few days before 24th February, 1907, the plaintiff checked from Charleston, S. C., to Sumter, S. C., on defendant’s railroad, a case containing one Gold Medal Computing Scale, used by him as a sample in his business as a traveling salesman. It does not appear when the scale reached Sumter, but it was in the defendant’s baggage room, at Sumter, on 24th February, 1907, when a fire occurred destroying defendant’s depot, including the baggage room. Plaintiff, in his complaint against the defendant, alleged the scale and case to have been destroyed, and sought to recover their full value, one hundred and twenty-two dollars and fifty cents. The evidence tended to show injury only, and the jury found a verdict for fifty dollars; the defendant appeals.
The judgment of this Court is that the judgment of the Circuit Court be affirmed.
Reference
- Full Case Name
- DESCHAMPS v. ATLANTIC COAST LINE R. R. CO.
- Status
- Published
- Syllabus
- 1. Continuance. — It is not an abuse of discretion to refuse to continue a case on ground that a foreign witness was not present and his testimony had not been secured, the ease having been commenced six months before trial. 2. Carrier — Freight.—When goods transported by a common carrier have arrived at their destination the liability continues to be that of carrier until consignee has had reasonable time to remove them.