Talk:Inman v. South Carolina Railway Company
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| Edition: | Inman v. South Carolina Railway Company, States for the district of South Carolina, on the 18th of July, 1884, to recover damages for the loss of 248 bales of cotton, (out of 809 bales,) which the defendant, as a common carrier, had received at Columbia, S C, to be safely carried for certain freight money to Charleston, in that state, and there delivered to a connecting carrier, to be transported to New York, and which, the plaintiffs averred, the defendant did not safely carry and deliver, but which were, while in the defendant's possession, custody, and control as a common carrier, 'by the carelessness and negligence of the defendant, its officers, agents, and servants, destroyed by fire' In its answer the defendant admitted the shipment, names of shippers, place of shipment, and number of bales shipped; and averred 'that, at the date of the receipt and shipment of said cotton, bills of lading were given therefor, in which were stated the conditions, stipulations, and agreements upon which said cotton should be carried by the railroad company receiving it, and by the connecting roads, which bills of lading, and the conditions, stipulations, and agreements thereof, were received and accepted by the plaintiffs, and constitute the contract between them and the defendant;' that the cotton was received 'subject to the conditions, stipulations, and agreements of said bills of lading,' and that the 248 bales were destroyed by fire; but denied, as a first defense, the allegations in respect to negligence; and, as a second defense, stated 'that, among other stipulations and agreements in said bills of lading under which said cotton so destroyed by fire was carried is the following, to-wit: 'And it is further stipulated and agreed that, in case of any loss or damage done to or sustained by any cotton herein receipted for during transportation, whereby any legal liability may be incurred by the terms of this contract, that the company alone shall be held responsible therefor in whose actual custody the cotton may be at the time of the happening of such loss or damage, and the company incurring such liability shall have the benefit of any insurance which may have been effected upon or on account of said cotton;' that the plaintiffs had fully insured said cotton, so destroyed by fire, in solvent companies, from risks, among which fire was one, and that at the time of the occurrence of said fire said cotton was fully covered by insurance; but that this defendant has not had the benefit of such insurance, nor have the plaintiffs given or offered to give it the benefit of such insurance' . |
| Source: | Inman v. South Carolina Railway Company from http://bulk.resource.org/courts.gov/c/US/129 |
| Contributor(s): | BenchBot |
| Level of progress: | Text being edited 
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| Notes: | Gathered and wikified using an automated tool. See this documentation for more information. |
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