Legal Opinion

McCombs v. N. C. Railroad

Supreme Court of North Carolina

Decided June 5, 1872PublishedCited by 2 opinions

Action of assumpsit, begun under the old system, tried before Logan, J., Fall Term, 1871, of Mecklenburg Superior Court. The action was brought to recover tbe value of four bales of cotton, which came into possession of the defendant and were alleged to have been lost by negligence. Plaintiff declared ■: 1st. Upon a special contract, to deliver tbe cotton to the Charlotte & South Carolina Railroad Company, at Charlotte,' tor shipment. 2d."

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Action of assumpsit, begun under the old system, tried before Logan, J., Fall Term, 1871, of Mecklenburg Superior Court. The action was brought to recover tbe value of four bales of cotton, which came into possession of the defendant and were alleged to have been lost by negligence. Plaintiff declared ■: 1st. Upon a special contract, to deliver tbe cotton to the Charlotte & South Carolina Railroad Company, at Charlotte,' tor shipment. 2d." Upon a general undertaking, or custom of defendant’s agents, to deliver cotton shipped over its road to the agents of tiie Charlotte & South Carolina…

1Opinion of the Court

Pe abson, O. J.

"We can see no principle upon which the witness, Nesbit, should have been allowed to state, “ that on Saturday of that week, in comparing the shipping receipts with intestate’s books, it was found that there was a difference of four bales.”

If the books had been produced in Court, the entries could not have been offered in evidence, and it was still more objectionable, to permit a witness to state the result at which he had arrived, by a comparison ; neither the shipping receipts nor books being present to verify its correctness.

His Honor erred in refusing to instruct the jury,…

2Cited by2 opinions

  1. Basnight v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1892
  2. Best v. . FrederickSupreme Court of North Carolina · 1881

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