Miami Powder Co. v. Port Royal & Western Carolina Railway Co.

Citations

• 47 S.C. 324
• 25 S.E. 153
• 1896 S.C. LEXIS 121

Syllabus

<p>1. Damages — Claim and Delivery — Consignee—Freighter— Common Carrier — Freight—Case Criticised. — The title to the goods in the hands of a carrier is in the freighter or consignee, and it follows that for damages to that property, by fault of the carrier, the owner may sue the carrier for damages, when the damages equal or exceed the freight, without first paying the freight charges; and when the damages equal or exceed the freight, he may maintain an action for claim and delivery of the goods without first paying the freight. Ewarts v. Kerr, Rice, 203, criticised.</p> <p>2. Claim and Delivery — Common Carrier — Evidence—Damages. In an action against a common carrier for the possession of damaged goods, any evidence as to the condition of the goods for some considerable time after arrival is competent.</p>