Wells v. . Wilmington Weldon R. R. Co.
Supreme Court of North Carolina
Aotiow on the case, tried before Ellis, J., at the Spring Term, 1858, of Edgecome Superior Court. The plaintiff declared against the defendants as a common, earner. The plaintiff placed eighty or one hundred barrels of turpentine at a point on the defendant’s railroad, called “ The Nicholson place,” to be carried on a freight train to a distillery at Battleboro’. The place where the turpentine was deposited, was not a regular station on the road.
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Aotiow on the case, tried before Ellis, J., at the Spring Term, 1858, of Edgecome Superior Court. The plaintiff declared against the defendants as a common, earner. The plaintiff placed eighty or one hundred barrels of turpentine at a point on the defendant’s railroad, called “ The Nicholson place,” to be carried on a freight train to a distillery at Battleboro’. The place where the turpentine was deposited, was not a regular station on the road. They had no warehouse nor employees there, but frequently took on freight from that point. Two different conductors had prom-ished, soon after the…
1Opinion of the Court
Peaesow, 0. J.
The declaration is against the defendant as a common cm'ricr, for the loss of the turpentine. We concur in the opinion that the proof does not make out the case. The liability of a rail road company, as a common carrier, does not begin until the article is received by its agent, and is put into its custody for the purpose of being carried on the road. ‘ If the article is put on the platform at the company’s depot, with the knowledge of the agent, that amounts to an acceptance, and it is not necessary that it should be entered on the way bill or freight bill, or any written…
2Cited by10 opinions
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- Kansas City, M. & O. Ry. Co. v. CoxSupreme Court of Oklahoma · 1910
- Smith v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Berry v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Aman v. Dover & Southbound RailroadSupreme Court of North Carolina · 1920
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