Smith v. North Carolina R. R.
Supreme Court of North Carolina
Assumpsit, tried before Logan, J., at January Special Term 1870 of Mboklerburg Court. The cause of action was, the loss by fire of nineteen bales of cotton belonging to the plaintiffs, whilst being transported by the defendant in 1866. Upon the trial it was shown that the engines used by the defendant were not prepared for transporting cotton, not being furnished with the “ spark-arresters” which are in use to prevent fire; that the company had a regulation, at the time of,…
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Assumpsit, tried before Logan, J., at January Special Term 1870 of Mboklerburg Court. The cause of action was, the loss by fire of nineteen bales of cotton belonging to the plaintiffs, whilst being transported by the defendant in 1866. Upon the trial it was shown that the engines used by the defendant were not prepared for transporting cotton, not being furnished with the “ spark-arresters” which are in use to prevent fire; that the company had a regulation, at the time of, and for nine months before, the fire in question, by which it engaged to transport cotton at half the usual rates of…
1Opinion of the CourtBeade, J.
The questions involved in this case are of such general interest, and so frequently arise, and it is so important that there should he uniformity in the decisions upon these questions in States traversed, as are those of this country, by systems of railroads extending through many or all of these States — that .we have carefully examined the authorities. - Starting with the well known rule that common carriers are liable for all losses, ■except sucb as result from tbe act of God or tbe public enemy, we find tbe following corollaries or variations thereof web estabbsbed:
1. They cannot' by…
2Cited by18 opinions
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
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