Purcell v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1890, of Alamance Superior Court, MacRae, J, presiding*. plaintiff’s appeal. The material portions of the complaint are— “That on the 21st day of September, 1889, the plaintiff purchased from defendant’s agent at Haw River a ticket to Burlington, and thereby the defendant contracted with the plaintiff to receive him on its passenger train as a passenger from Haw River station to Burlington station, and for the fare as paid as aforesaid; that…
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Civil action, tried at Fall Term, 1890, of Alamance Superior Court, MacRae, J, presiding*. plaintiff’s appeal. The material portions of the complaint are— “That on the 21st day of September, 1889, the plaintiff purchased from defendant’s agent at Haw River a ticket to Burlington, and thereby the defendant contracted with the plaintiff to receive him on its passenger train as a passenger from Haw River station to Burlington station, and for the fare as paid as aforesaid; that said ticket specified that it was good for that day and train only, and was purchased for the regular passenger train…
1Opinion
The ruling of the court below was correct in both particulars. The defendant's demurrer and motion to dismiss were based upon the mistaken idea that the action was necessarily for breach of contract. It is true that the plaintiff might have elected to have sued in contract, and if so, he should set out the price paid for his ticket, and the measure of his recovery would have been the price paid for the same, the cost of procuring another mode of conveyance to his destination, and such other special damages, if alleged, as were the direct and necessary consequences of the breach of contract.
But…
Also in this document: Per curiam.
2Cases cited18 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Wilson v. RailroadSupreme Court of North Carolina · 1906
- Richardson v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
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