Edwards v. Railroad Co.

Citations

• 32 S.C. 117
• 10 S.E. 822
• 1890 S.C. LEXIS 11

Syllabus

<p>1. In action by consignee to recover damages for non-delivery of freight, plaintiff’s witnesses may prove facts within their own knowledge, showing the condition of management at the depot of delivery, and what passed between the conductor and consignee at the time of arrival.</p> <p>2. In such action it was error to permit amendment at the trial, alleging non-delivery of other goods, without giving defendant time to answer.</p> <p>3. Goods having been shipped by railroad prepaid to consignee, who refused to receive them as railroad agent, upon the ground that he was no longer agent, whereupon the goods were taken to another station and lost — the carrier is liable.</p>