If any common carrier shall convert and appropriate to its own use any property of another held by it on consignment or in course of transportation, it shall be liable to the consignee or other owner of such property, not only for the value of such property, but for an additional amount, as a penalty for such conversion, equivalent to five times the value of the property so appropriated to its own use and it shall be further liable to the consignee or other owner of such property for such special damages as may have been suffered in consequence of such conversion and such punitive or exemplary damages as may be recovered in an action against such common carrier. There may be recovered in the same action, and included in the same verdict, all the amounts above provided for. But so much of this section as provides for a penalty of five times the value of the property converted shall have no application when the common carrier has converted such property in consequence of a wreck of the car in which the property being transported was contained, when the conversion was in consequence of the property being so damaged in transportation as to render it unfit for the purpose intended or when the common carrier through error delivers the property being transported to the wrong consignee.
HISTORY: 1962 Code Section 58-576; 1952 Code Section 58-576; 1942 Code Section 7162; 1932 Code Section 7162; Civ. C. '22 Section 3884; Civ. C. '12 Section 2570; 1902 (23) 1052; 1906 (25) 108.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 13 - Carriers Generally
Section 58-13-10. Opening or injuring package, parcel or baggage by employee of carrier unlawful.
Section 58-13-20. Wilful or reckless injury to baggage by baggage master unlawful.
Section 58-13-40. Certain provisions not applicable to water carriers.
Section 58-13-120. Penalty for failure to transport promptly.
Section 58-13-130. Carriers not liable for certain delays.
Section 58-13-140. Statement as to delays furnished on demand.
Section 58-13-230. Only one penalty recoverable on same cause.
Section 58-13-240. Connecting lines of common carriers defined and their liability fixed.
Section 58-13-250. Liability of connecting carriers; recovery from carriers actually responsible.
Section 58-13-260. Measure of damages for conversion of property by common carrier.
Section 58-13-270. Carriers denying liability shall return papers connected with claim.
Section 58-13-410. Lien of carriers on goods or chattels for carrying charges; enforcement.
Section 58-13-420. Notification of charges; delivery of freight on payment.
Section 58-13-430. Settlement of freight charges by common carriers.
Section 58-13-440. Time and place in which freight adjustments shall be made; liability of carrier.
Section 58-13-450. Returns and remittances on C. O. D. shipments.
Section 58-13-610. Public sale of unclaimed or refused freight.
Section 58-13-620. Perishable freight.
Section 58-13-640. Records of sales; disposition of surplus.
Section 58-13-710. "Explosive compound" defined.
Section 58-13-750. Magistrates may issue search warrants for explosive compound.
Section 58-13-760. Forfeiture of explosive compound after seizure.
Section 58-13-770. Action for damages for injury caused by explosive compound.
Section 58-13-910. Appointment of special officers or constables for protection of common carriers.
Section 58-13-920. Term and powers, duties and responsibilities of special officers or constables.