Girardeau v. Southern Express Co.

Citations

• 48 S.C. 421
• 26 S.E. 711
• 1897 S.C. LEXIS 111

Syllabus

<p>1. Evidence — Damages—Trover—Common Carrier. — In an action against a common carrier for damages for conversion of goods, it is competent for plaintiff to show, as proof of damages, the value put on the goods by both parties when shipped previously.</p> <p>2. Ibid. — DEEIVERY.—There was evidence to show that defendant knew the contents of the package, and hence it was not necessary to show delivery to defendant before further proof of contents.</p> <p>3. Evidence — Trover.—In actions of trover, if it be shown that the property was in possession of defendant before conversion, it matters not how it came there.</p> <p>4. Ibid. — Ibid.—Common Carrier — Agent.—Where a common carrier sued in trover admits that it had had possession of the property, it is unnecessary to show that the agent in whose possession it was, was acting within the scope of his agency in retaining it.</p> <p>5. Ibid. — Common Carrier — Sale oe Undelivered Goods. — Where there is a statute providing a method of sale by common carriers of undelivered goods, and it is admitted that such goods were sold, but not under the statute, the rules of the carrier as to sales of undelivered goods are irrelevant.</p> <p>6. Complaint — Practice —Nonsuit—Tort—Inducement.—Where there are in a complaint on tort allegations alleging the tort, and other allegations in the nature of inducements, and there is some proof of the former and none of the latter, nonsuit is improper.</p> <p>7. Nonsuit. — Where there is sohie proof of a fact, it must be submitted to the jury.</p> <p>8. Tort — Claim and Delivery — Conversion.—Where there is an unlawful conversion of personal property, no demand is necessary before suit.</p> <p>9. Supreme Court — Appeal.—A point not presented to Circuit Judge will not be considered by this Court.</p>