Tilley v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at January Term, 1913, of Duei-iaM. Civil action to recover penalty under Revisal, sec. 2631. Tbe following are tbe issues: 1. Did tbe defendant wrongfully and unlawfully fail and refuse to accept and transport tbe pea-vine bay, as is alleged in tbe complaint? Answer: Yes. 2. What penalty, if any, is tbe plaintiff entitled to recover? Answer: $650. From tbe judgment rendered, tbe defendant appealed.
1Opinion of the CourtBkowN, J.
Tbe plaintiff tendered to defendant’s agent at Willardsville, N. C., a lot of loose pea-vine bay (not baled, marked, or packed), for shipment to Durham, N. C. Tbe agent told plaintiff to load tbe bay in a car on a side-track, which was done. Agent said to plaintiff that be bad no classification for loose bay, and wired to headquarters at Roanoke to see if be could ship it. Upon receiving instructions, tbe agent refused to issue a bill of lading or to receive tbe bay and ship it, but unloaded it from tbe car into a near-by barn. Plaintiff then delivered tbe bay in Durham by wagon.
By motion to…
2Cases cited4 opinions
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Twitty v. . R. R.Supreme Court of North Carolina · 1906
- Newberry v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Olive v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
3Cited by1 opinion
- Twitty v. . R. R.Supreme Court of North Carolina · 1906