Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Oouncill, J., and a jury, March Term, 1908, of Randolph. The record shows that on 6 December, 1906, the Carnegie Steel Co. delivered to the Pennsylvania Railroad Co., at Pitts-burg, Penn., a carload of iron consigned to the Carnegie Steel Co., Asheboro, N. 0., “notify Asheboro Wheelbarrow and Mfg. Co.” The bill of lading was properly endorsed to the plaintiff company with a sight draft attached, and sent to bank for collection.
Read the full summary
ActioN tried before Oouncill, J., and a jury, March Term, 1908, of Randolph. The record shows that on 6 December, 1906, the Carnegie Steel Co. delivered to the Pennsylvania Railroad Co., at Pitts-burg, Penn., a carload of iron consigned to the Carnegie Steel Co., Asheboro, N. 0., “notify Asheboro Wheelbarrow and Mfg. Co.” The bill of lading was properly endorsed to the plaintiff company with a sight draft attached, and sent to bank for collection. Plaintiff paid the draft, took the bill of lading and received the carload of iron 17 January, 1907. It was delivered to defendant company at…
1Opinion of the Court
CoNNOR, J.,
after stating the case: It is unnecessary to discuss the exceptions directed to the admission of evidence, because we are of the opinion that his Honor should have granted the defendant’s motion for judgment of nonsuit. It is common learning that when the vendor delivers an article to the common carrier to be transported by the usual route to the vendee, taking an open bill of lading, the title to the article passes to the vendee or consignee. This is true, although, by the terms of the sale, the vendee is to pay cash. For an injury to the article while in transit, or delay in…
2Cases cited8 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Norfolk Southern Railroad v. BarnesSupreme Court of North Carolina · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919
- Buggy Corporation v. . R. R.Supreme Court of North Carolina · 1910
- Gaskins v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Southern Railway Co. v. LathamSupreme Court of North Carolina · 1918
12 more not listed; retrieve them via the Exa API.