The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-02-25
OUR LAW UPHELD.
Act Imposing Penalty for Failing to
Settle Promptly Claims for Loss
or of Damage to Freight.

w aSnlnSDOn, eD. G1.-1H He CuAIeu
States Supreme Court to-day sus-
tanned the State Supreme Court OF
! South Carolina in the cases Of Ma
zursky, McTeer, Charles Keith and
Won Lehe, against the Atlantic Coast
Line railroad, and decided that the
Act Of the Legislature Of that State
passed in 1904, regulating the man-
ner in which common carriers doing
business in South Carolina should
adjust freight charges and claims for
loss of or damages to freight, was
constitutional.
This Act is as follows:
"That every claim for loss or dam
age to property while in the possess
sion of such common carriers shall
be adjusted and paid within forty
days, in case Of shipments wholly
within this State, and within ninety
days, in case Of shipments without
this State, after the fling Of such
claim with the agent of such carrier
at the point of destination Of. such
! shipment.
| "Provided, that no such claim
shall be filed until after the arrival
Of the shipment or some part thereof
at the point Of destination or until
after such common carrier shall be
liable for the amount Of such loss or
| damage, together with interest
thereon from the date Of the fling Of
the claim thereon until the payment
thereof. Failure to adjust and pay
such claim within the periods herein
., prescribed shall subject each carrier
so failing to a penalty Of $50 for
each and every such failure to be re-
covered by any eonsignee or con-
signees aggrieved in any Court of
competent jurisdiction. .
.HPronided, that unless such eonz
signee or consignees recover in such
action the full amount claimed, no
penalty shall be recovered, but only
! the actual amount Of the loss or dam
age with interest as aforesaid
"Provided further, that no COM
mon carrier shall be liable under this
Act for property which never came
into it's possession, if it complies
with the provisions Of Section 1,710
Volume l Of the Code of Laws Of
South Carolina, 1902, as follows:
"When under contract for ship
ment or express over two or more
common carriers the responsibility
Of each or any Of them shall cease
upon delivery to the connecting line
Gin good ORDER" and if such freight
or express has been lost, damaged or
destroyed, it shall be the duty Of the
initial, delivering or terminal road,
upon notice Of such loss, damage or
destruction being. given to it By
shippers, consignee, or their assigns,
to adjust such less or damage, with
the owners Of said goods within for
| ty days, and upon failure to dis
charge such duty within forty days.
after such Gotice, or, to: trace such:
freight or express, and inform the
said party so notifying when, where
and by which carrier the said
freight or express was lost damaged
or destroyed, within said forty days,
then said carrier shall be liable for
all such loss, damage or destruction
in the same manner and to the same
extent as if such loss, damage or
destruction occurred on it's lines:
Provided that if such initial, termi-
nal or delivering road can prove that,
by the exercise of due diligence it
has been unable to trace the line
upon which said loss, damage or de-
struction occurred, it shall thereupou
be excused from liability under this
section.'
To test the validity Of the pro-
visions of the Act, when applied to
claims for loss or damage to Inter-
IState freight was the object Of the
suits. Objection was made that the
Act was unconstitutional and invalid
because repugnant' to the Constitu-
ton Of the United States.
Objections were overruled and
judgment given for claimants, in
Magistrates Court, which the Su-
preme Court sustained.
! Mazursky lives in Barnwell, and
sued for $1.10; McTeer lives in
Hampton, and sued for $l.2O; Keith
lives in Florence county, and sued
for SIS, and Won Lehe lives in Col