Summers v. Railroad
Supreme Court of North Carolina
ActioN by J. W. Summers against Southern Railway Company heard on appeal by Judge M. PL. Justice, and a, jury at the March Term, 1905, of the Superior Court of Mecklenburg County. There was evidence tending to show that plaintiff,' having an account with W. W. Ward & Son, of Charlotte, N. C., ordered a package of window sash to be shipped to him at Cornelius, N. C., a railroad station within fifty miles of Charlotte, which package duly arrived.
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ActioN by J. W. Summers against Southern Railway Company heard on appeal by Judge M. PL. Justice, and a, jury at the March Term, 1905, of the Superior Court of Mecklenburg County. There was evidence tending to show that plaintiff,' having an account with W. W. Ward & Son, of Charlotte, N. C., ordered a package of window sash to be shipped to him at Cornelius, N. C., a railroad station within fifty miles of Charlotte, which package duly arrived. Some of the sash were too large for plaintiff’s purposes and plaintiff.requested Ward & Son that he be allowed to return those sash which plaintiff…
1Opinion of the Court
Hoke, J.,
after stating the facts: Chapter 590, Section 3 of the Laws of 1903, provides as follows: “That it shall be unlawful for any railroad company etc, -to omit or neglect to transport any goods or merchandise received by it, and billed to or from any place in this State for shipment, for a' longer period that four days after receipt of same, unless otherwise agreed upon between the company and shipper; or unless the same be burned or otherwise destroyed; or to allow any such goods or merchandise to remain at any intermediate point more than 48 hours, unless otherwise provided for by the…
2Cases cited4 opinions
- Hadley v. Western Union Telegraph Co.Indiana Supreme Court · 1888
- Walker v. RailroadSupreme Court of North Carolina · 1904
- Switzler v. RodmanSupreme Court of Missouri · 1871
- Qualls v. SaylesCourt of Appeals of Texas · 1898
3Cited by25 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Rollins v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1907
- In Re Applications for Reassignment BoydSupreme Court of North Carolina · 1958
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