Blackwood v. Southern Railway Co.
Supreme Court of North Carolina
Civil actioN, tried before Lyon, J., and a jury, at March Term, 1919, of DuRham:. The action is to recover the value of services rendered for defendants’ benefit in carrying the mail from the postoffice in Carrboro, said county, to the railway station. On denial of liability, there was verdict for plaintiff; judgment, and defendant excepted and appealed.
1Opinion of the Court
Hoke,. J.
On the hearing, recovery was resisted by defendant principally for the alleged reason that plaintiff did this work for his own advantage in that by keeping the mail pouches open that much longer his cancellation of stamps was increased, thereby adding to his (salary, and that the seryices for which pay is now sought were and are intended to be gratuitous. But on a perusal of the pleadings, the evidence and the charge of the court, this view has been rejected in the verdict and the facts as accepted and acted on by the jury are to'the effect: that from 1910 to 1917 plaintiff engaged…
2Cases cited4 opinions
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
- Sanders v. . RaganSupreme Court of North Carolina · 1916
- Mitchell v. . WalkerSupreme Court of North Carolina · 1848