6769 | S.C. | Feb 26, 1908
The opinion of the Court was delivered by
This action was commenced in a , magistrate’s -court. The complaint alleges that on tire 3d of March, 1904, certain goods of the value of $31.00’ were delivered to the defendant -ait Norfolk, Va., to be transported to' the plaintiff at Darlington, S. C. That the defendant failed and refused to- deliver the said goods, although repeatedly requested to do so, and that they were, in consequence-, wholly lost to the plaintiffs, foi their damage of $31.00-. The plaintiffs also -claimed the -statutory penalty of $50.00 for the defendant’s refusal to' pay the said -claim within ninety days after the filing of the same.
The magistrate rendered judgment in favor of the plaintiffs for the -amounts claimed.
The defendant appealed-, and-his Honor, -the Circuit Judge, in -affirming the judgment used this language:
*200 1 *199 “It i-s perfectly manifest from- the testimony that the go-ods -were lost to plaintiff's in the sense of the statute. The officials of the railroad- -would give them no- definite or satis*200 factory information as to whether the goods- had been received or not, and such failure to respond to proper inquiries-, to the extent even, as- appears from the testimiony, of insolent conduct to the plaintiffs’ representative when sent to -seek the goods-, must be held equivalent to a point-blank refusal to deliver. It seem© abundantly established, from the testimony, that -plaintiffs -sent and sought delivery of their goods and tendered the freight charges, and the goods could not be obtained. Every 'effort seem© to have been used to obtain them, which efforts were miet only by evasive replies, and finally, positive offense and refusal'.”
The defendant has again appealed.
There was testimony tending to sustain die findings of facts by hi-s Honor, the Circuit Judge, -and, as this is a law case, such findings are conclusive upon this Court.
Furthermore, the appellant has failed! to .satisfy this Court that it was prejudicial to its rights.
The exceptions raising the question whether the act of 1903, 24 Stat., 81, is constitutional were abandoned, as the said act has been declared 'constitutional by recent decisions of this Court.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.