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CHILEAN NITRATE SALES CORP. v. SOU. RWY.

17033

227 S.C. 423 (1955)

88 S.E.2d 242

CHILEAN NITRATE SALES CORPORATION, Respondent, v. SOUTHERN RAILWAY-CAROLINA DIVISION, Appellant.

Supreme Court of South Carolina.

July 18, 1955.

Attorney(s) appearing for the Case

Messrs. Frank G. Tompkins, Jr., of Columbia, Charles M. Little, of Washington, D.C., and Barnwell & Whaley, of Charleston, for Appellant.

Messrs. Sinkler, Gibbs & Simons, of Charleston, for Respondent.

July 18, 1955.

TAYLOR, Justice.

Respondent here seeks to recover the value of 1,800 bags of nitrate of soda lost by fire after they had been loaded in three of appellant's cars on December 20, 1950. By consent the matter was heard by the presiding Judge of the Court of Common Pleas for Charleston County at the November Term, 1953, without a jury. After hearing testimony from both sides, the presiding Judge overruled respondent's and appellant's motions for...

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