Williams, Black & Co v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Common Carrier — Liability on Bill of Lading — Ageney. Civil ACTION, tried before Gudger, Judge, at Fall Term, 1884, of Edgecombe Superior Court.
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Common Carrier — Liability on Bill of Lading — Ageney. Civil ACTION, tried before Gudger, Judge, at Fall Term, 1884, of Edgecombe Superior Court. The action was founded on the facts embodied in the following “ case agreed ” : One L. G. Estes on the 10th day of May, 1882, delivered to the local station agent of the defendant corporation, at Enfield, N. C., the said defendant being a common carrier, engaged in transporting cotton from Enfield to New York, ten bales of cotton, and took from said agent a bill of lading therefor to Hilliard & Co., Norfolk, Va.; that on the next day the said L. G.…
1Opinion of the CourtSmith, C. J.
(after stating the above facts). The action is prosecuted for the recovery of the value of the undelivered cotton mentioned in the two bills of lading, upon the faith of which and under an arrangement with the consignor they made full advancements in honoring his drafts. It does not proceed upon an allegation of fraud practiced through the instrumentality of the defendant’s agent, and made successful by means of the false bills of lading. We must therefore consider the case as resting upon contract or the common law' liabilities of carriers of goods for their safe transportation and delivery…
2Cases cited2 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
3Cited by9 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Peele v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Riff v. Yadkin RailroadSupreme Court of North Carolina · 1925
- Bank v. . R. R.Supreme Court of North Carolina · 1918
- Burwell v. . the Railroad Co.Supreme Court of North Carolina · 1886
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