Dowling v. Charleston & W. C. Ry. Co.

Citations

• 81 S.E. 313
• 105 S.C. 475
• 1913 S.C. LEXIS 88

Syllabus

<p>1. Mandamus — Demurrer—Facts Admitted. — A demurrer 'to a petition for a writ of mandamus admits the truth of all facts alleged and of all facts which can by fair and reasonable intendment be inferred from those alleged.</p> <p>2. Carriers — Furnishing Cars — Implied Contracts. — A railroad company built a sidetrack on its right of way to accommodate an oil mill, and shortly afterwards a sawmill was built near it between the oil mill and the main line. For several years it furnished cars on the sidetrack for the sawmill as well as other mills, and still furnishes cars for the use of the oil mill. It could place cars on the sidetrack for the use of the owner of the sawmill at a saving of time, labor, and money to itself, and it had no adequate and reasonable facilities for loading lumber on another sidetrack where it offered to furnish cars. Shortly before its refusal to furnish cars on the sidetrack, it promised through its roadmaster to extend the sidetrack for its own and the sawmill owner’s convenience. Relying on the previous course of dealing and being led to believe by the company that it would continue to furnish cars, the sawmill owner expended a considerable amount in repairs and improvements to the mill, of which, and also of the fact that he had acquired large quantities .of timber to manufacture into lumber for shipment, the company had notice. If the company was not required to furnish cars, the mill owner would be compelled to go out of business, and to sacrifice his property and industry. Held, that the facts showed an implied contract by the railroad company to continue to furnish cars on the sidetrack for the shipment of the mill owner’s lumber, and it was, therefore, bound to do so.</p> <p>3. Contracts — Implied Contracts. — The law implies a contract between persons where the ordinary course of dealing between them, considered in the light of all the circumstances, reasonably warrants the inference that they mutually intended to contract.</p> <