Bagg v. Wilmington, Columbia & Augusta Railroad
Supreme Court of North Carolina
This was a civil ACTION, brought to recover a penalty imposed by § 1967 of The Code, for detention of freight more than five days after delivery for shipment without the consent of the consignor, tried before Armfield, J., at September Term, 1890, of the Superior Court of New HaNOVEK. County. The termini of the defendant’s road are the one in North Carolina and the other in South Carolina.
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This was a civil ACTION, brought to recover a penalty imposed by § 1967 of The Code, for detention of freight more than five days after delivery for shipment without the consent of the consignor, tried before Armfield, J., at September Term, 1890, of the Superior Court of New HaNOVEK. County. The termini of the defendant’s road are the one in North Carolina and the other in South Carolina. The goods were consigned by a shipper in Wilmington, North Carolina, to a person at a station on defendant’s line in South Carolina. The Court intimated an opinion that the statute was unconstitutional as…
1Opinion of the Court
Avery, J.:
The power to regulate commerce among the several States,-as well as with foreign nations, was delegated to the Federal Government in pursuance of a preconceived purpose on the part of the leading representatives of public opinion, to provide for and promote the free and unrestricted sale and interchange of commodities between the States. It appears from contemporaneous history of the condition of the country, especially from the Journals of the General Assemblies of the States and of the Federal Convention, that there was a deep-seated desire in all parts of the Union to establish a…
2Cases cited33 opinions
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3Cited by26 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Harrill Bros. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Morris-Scarboro-Moffitt Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Walker v. RailroadSupreme Court of North Carolina · 1904
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