Palmetto Fertilizer Co. v. Columbia, N. & L. R. R.

Citations

• 99 S.C. 187
• 83 S.E. 36
• 1914 S.C. LEXIS 99

Syllabus

<p>Carriers op Goods. Bills op Lading. Notice. Evidence. Presumptions. Pleadings. New Trial. Issues. Verdict.</p> <p>1. New Trial — Effect.—In an action against three defendants, where a verdict against one of the three and in favor of the other two was set aside as to all parties, the cause was in the same condition that it was before trial, and upon retrial the two defendants, who were successful, could not claim the benefit of the verdict.</p> <p>2. Trial — Instructions—Applicability to Pleadings. — In an action for shortage in a shipment of cottonseed meal brought against the seller and the two carriers, where one of the paragraphs of the complaint set up the initial carrier’s contention, also set up in its answer that the full quantity of meal had not been placed in the car by the shipper, it was error for the Court to instruct that he did not see how they could find against the feller under the pleadings, as the issues are made up from the entire pleadings.</p> <p>3. Trial — Special Verdict — Failure to Answer. — Under Code Civ. Proc., sec. 321, providing that the Court may require the jury to find upon particular questions of fact, and section 322 providing that the special verdict shall govern in case of conflict with the general verdict, it is improper, where special questions have been submitted, to permit the jury, which stated that they could not agree on a special verdict, to return a general verdict, for that casts, doubt upon the logical sequence of the general verdict.</p> <p>4. Carriers — Carriage of Goods — Bills of Lading — Effect.—An initial carrier is estopped, as against an innocent purchaser of goods shipped, to deny' that the shipment did not include all the goods called for by the bill of lading.</p> <p>5. Carriers' — Carriage of Goods — Bills of Lading. — Between the consignor of goods and the receiving carrier, recitals in a bill of lading as to the goods shipped raise only a rebuttable presumption that such goods were delivered for shipme