Carroll v. Southern Express Co.

Citations

• 37 S.C. 452
• 16 S.E. 128
• 1892 S.C. LEXIS 32

Syllabus

<p>1. Evidence—Relevancy.—On the issue of whether the consignee received a package of money, which the a'gent of the carrier threw to the consignee as he stood on the platform of a departing railroad coach, testimony was admissible to show the position of the consignee on the platform, and who else was there, and the order of time in which these several persons went into the coach.</p> <p>2. Requests to Charge.—It is not improper to frame a request to charge, based upon hypothetical findings of fact by the jury.</p> <p>3. Agency—Rules or Principal—Estoppel.—II. told C., the agent of an express company at a way station, that he was looking for a package of money by the next train, and wanted to board the same train and carry the money with him. The-agent said his company’s rules forbid him to deliver except on receipt signed in the company’s books, and that the train would not stop long enough to permit that. H. replied that ho would sign the receipt in advance, and that would relieve the agent; and this was done. On the arrival of the train, H. got on the platform of the coach, and as the train moved off, 0. called to H., and threw the package of money to him, but II. did not receive it, and it was lost. Held, that the express company was released by the act of II., the consignee, from its liability to the consignor for the safe delivery of this money, as 0. became the agent of H. so soon as the money was received by 0.</p>