Miami Powder Co. v. Port Royal, Railway Co.

Citations

• 38 S.C. 78
• 16 S.E. 339
• 1892 S.C. LEXIS 222

Syllabus

<p>1. Common Carrier — Owner of Goods — Action..—Goods do not change their ownership by being in the charge of a common carrier, whose only rights are a lien for charges, and whose duty is to deliver them uninjured to, the consignee; and, therefore, when the carrier has injured these goods in transitu, a right of action arises in favor of the owner.</p> <p>2. Form of Oompbaint.— In such action the complaint should indicate the form of action, as, e. g., whether damages are claimed for partial loss, or for delay in delivery, or for conversion.</p> <p>3. Ibid. — Action of Trover. — As the complaint in this case alleged a right of property and possession in plaintiff and a conversion by defendant, the action was like to an action of trover at-common law.</p> <p>4. Goods Injured by Common Carrier — Action.—under the older decisions of this State, a consignee could sue the common carrier in trover for goods injured in carriage, where the injury amounted to more than the freight charges, and in such case the carrier lost his lien for freight; but the more recent decisions, hereby reaffirmed, require the owner to pay all freight charges and then sue the carrier for the injury done.</p> <p>5. Freight Charges — Verdict—Interest.—Where the verdict for the plaintiff was for the full amount of the value of the goods at the place of destination, without any allowance for freight charges, a new trial must be granted. It cannot be assumed that the jury allowed interest to the same amount as these charges, when no interest was demanded in the complaint, and no instructions as to interest given in the judge’s charge.</p>