Spears v. Spartanburg, Union & Columbia Railroad

Citations

• 11 S.C. 158

Syllabus

<p>1. The liability of a railroad company as a common carrier does not extend over the whole time of the existence of their lien for freight.</p> <p>2. A railroad company does not retain its character as a common carrier until notice of the arrival of the goods is given to the consignee, and he has a reasonable time thereafter to remove them. Haskeli, A. J., dissenting.</p> <p>3. At what time the liability of a railroad company as a common carrier does terminate, not settled: Willabd, C. J., holding that it ceases at the moment the goods have arrived at their place of -destination, and are placed in a properly-constructed and guarded warehouse, subject to the ■demand of the consignee: (cases upon this subject reviewed and discussed) —McIyeb, A. J., holding that the liability continues until the consignee has had a reasonable time, after the arrival of the goods, to remove them: Haskell, A. J., holding that the consignee is entitled to notice of arrival and that the liability continues until he has had a reasonable time thereafter to remove his goods.</p>