Murphy Hardware Co. v. Southern Railway Co.
Supreme Court of North Carolina
ActioN against a carrier to recover penalties, tried by Quion, 3at Spring Term, 1908, of OhekoKEE. His Honor rendered judgment against tbe defendant, and tbe defendant appealed to tbe Supreme Court. Tbe facts are stated in tbe opinion of tbe Court.
1Opinion of the CourtBrown, J.
Tbe facts as set out in tbe record present tbis case:
On 4 February, 1907, tbe plaintiff instituted eight separate actions against tbe defendant to recover tbe sum of $2,000 penalties in eacli action (total, $16,000), under section 2631 of Revisal of North Carolina, for failure of defendant .to receive a drove of 80 bead of cattle, tendered to the defendant at Murphy, N. C., for shipment to Richmond, Ya. The eight actions came on for hearing at the Spring Term, 1908, of the Superior Court of Cherokee' County, and for convenience and. by consent were consolidated by his Honor, O. H. Guión,…
2Cases cited3 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
- Bagg v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1891
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