Legal Opinion

Taylor v. Seaboard & Roanoke Railroad

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 2 opinions

Contract — Common Carrier — Evidence—Agency— Waiver. This is a civil ACTION, which was tried before Philips, X, at Fall Term, 1887, of New Hanover Superior Court. This case embraces two actions consolidated by order of the Court.

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Contract — Common Carrier — Evidence—Agency— Waiver. This is a civil ACTION, which was tried before Philips, X, at Fall Term, 1887, of New Hanover Superior Court. This case embraces two actions consolidated by order of the Court. The plaintiffs repectively brought them to recover damages from the defendant, occasioned by their wrongful expulsion from one of the passenger cars of the defendant by its agents while regularly carrying passengers over its road from Portsmouth in the State of Virginia, to Weldon in this State. The following is a copy of so much of the case stated on appeal as is…

1Opinion of the Court

MerrimoN, J.,

(after stating the ease). The counsel for the appellee contends in the argument before us, and it may be here conceded to be so, that the “tickets ” putin evidence on the trial each embodied a contract in writing between the holder thereof and the defendant. The latter and the holder of the ticket each had a right to insist upon a strict observance of every máterial stipulation, provision and requirement contained in it. Particularly for the present purpose, the defendant had the right to require that the plaintiffs should each be present in person and respectively present to its…

2Cited by2 opinions

  1. Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
  2. Wood v. Southern Railway Co.Supreme Court of North Carolina · 1896

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