Supreme Court of South Carolina, 1917

Martin v. Seaboard Air Line Ry. Co.

Supreme Court of South Carolina · Decided September 3, 1917 · Hydrick

93 S.E. 336; 108 S.C. 130; 1917 S.C. LEXIS 203 (South Eastern Reporter)

Cases that cite this one

3 later published cases cite this decision.

McCullough v. Goodrich & Pennington Mortgage Fund, Inc. (S.C. 2007)
Universal C. I. T. Credit Corp. v. Trapp (S.C. 1958)
Commercial Securities, Inc. v. Mast (Or. 1933)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Defendant appealed from judgment for plaintiff for negligent injury to plaintiff’s automobile.

*131 The exceptions present two assignments of error:

1 1. That the Court erred in refusing'to direct the verdict for defendant, on the ground that plaintiff had no title to the automobile, because he had given a mortgage on it which was past due and unpaid. That defense was properly overruled on the authority of Wilkes v. Railway, 85 S. C. 346, 67 S. E. 292, 137 Am. St. Rep. 890, 21 Ann. Cas. 79. See, also, the editorial note to that case, and 11 C. J. 598. Defendant knew of the mortgage, and, under the case cited, could have protected itself against another action by the mortgagee by having him made a party to this action.

2 2. That the Court charged on the facts in referring to the automobile as plaintiff’s property. The right of plaintiff was not a question of fact. As matter of law, under the case cited, he had such property right in the automobile as entitled him to maintain the action.

Judgment affirmed.

Footnote. — As to chattel mortgager’s right of action for injury to mortgaged chattels, see notes in 21 A. & E. Ann. Cas. 80.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.