Varnville Furniture Co. v. Charleston & W. C. Ry. Co.

Citations

• 98 S.C. 63
• 79 S.E. 700

Syllabus

<p>Carriers. Interstate Commerce. Validity op State Legislation. Loss or Damage to Goods. Damages. Penalties por Delayed Settlement op Claim. Constitutional Law.</p> <p>1. Civ. Code 1912, sec 2573, providing that every claim for freight ■ overcharged or for loss of or damage to property while in the possession of common carriers shall be adjusted and paid within 30 days in case of shipments wholly within the State, and within 40 days in case of shipments from without the State, and that failure to adjust and pay such claims within such periods shall subject the common carrier so failing to a penalty of $50, does not unlawfully regulate or unreasonably burden interstate commerce, and is valid in the absence of legislation by Congress on the same subject.</p> <p>2. Such section does not deprive carriers of their property without due process of law, or deny to them the equal protection of the laws.</p> <p>3. The Carmack amendment to the interstate commerce law (Act June 29, 1906, c. 3591, sec. 7, pars. 11, 12, 34 Stat. 593 [U. S. Comp. St. Supp. 1911, p. 1307]), which provides that any common carrier receiving property for interstate transportation shall issue 'a receipt or bill of lading therefor, and shall be liable to the holder thereof' for loss, damage, or injury to such property caused by it or any connecting carrier, does not defeat the recovery of penalties under Civ. Co'de 1912, sec. 2573, for the failure of a carrier to adjust and pay claims for overcharges of freight or loss of or damage to - property promptly, where such penalties were incurred prior to its enactment, even if section 2573 is superseded and annulled by that amendment.</p> <p>4. Civ. Code 1912, sec 2573, requiring carriers to adjust and'pay claims for overcharges of freight, or for loss of or damage to property while in its possession within 30 days in case of shipments wholly within the State, and within 40 days in case of shipments from without the State, and imposing a penalty of $50 'for