Pool v. Columbia & Greenville R. R.

Citations

• 23 S.C. 286
• 1885 S.C. LEXIS 104

Syllabus

<p>1. A plaintiff may prove enough to carry his ease to the jury, and jetby the admission of other testimony before closing, render a non-suit in inoitum proper.</p> <p>2. A consignee has no cause of action against a common carrier who refuses to deliver the goods consigned after being forbidden to do so by the consignor.</p> <p>3. In action of claim and delivery by the consignee against the carrier, the evidence showing an order from the consignor to the carrier not to deliver, the judge properly ordered a non-suit and gave judgment against the plaintiff for the 'return of the goods, taken by plaintiff into his possession under bond in the action, or for the value thereof.</p>