Supreme Court of South Carolina July 25, 1908, 6973 (McCutchen v. Atlantic Coast Line R. R.)

The opinion of the Court was delivered by

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Mr. Justice Jones.

This action was begun in a magistrate’s court to recover certain statutory penalties alleged to have accrued by reason of defendant’s failure to deliver within a certain time a carload of fertilizer shipped over its road.

The complaint alleged that on January 31, 1907, defendant received at Charleston, S. C.