Parker Buggy Corp. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Guión, J., at October Term, 1909, of CraveN. Oivil action to recover damages for delay and injury to goods shipped over defendant road.
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Appeal from Guión, J., at October Term, 1909, of CraveN. Oivil action to recover damages for delay and injury to goods shipped over defendant road. There was evidence tending to show that tbe goods were shipped by plaintiff, manufacturers of buggies, on an open and ordinary bill of lading to one J. M. Arnold, consignee, at New Bern, N. C., and that there was wrongful delay in tbe shipment, and negligent injury done tbe goods imputable to tbe defendant, tbe A. C. L. Railroad Company. At tbe close of plaintiff’s evidence, and at tbe close of tbe entire evidence, there was motion to nonsuit…
1Opinion of the CourtHoke, J.
The decisions of this State uphold the position that where goods are shipped with a common carrier, under circumstances importing absolute ownership of same on the part of the consignee, and of all pecuniary and beneficial interest in the contract of shipment and its proper performance, the right to recover damages for delay in the shipment, or negligent injury to the goods during their transportation, rests in the consignee, and he alone can maintain an action for such wrong.
Our authorities are also to the effect that where a vendor ships goods to a vendee on an ordinary and open bill of…
2Cases cited11 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Savannah, Florida & Western Railway Co. v. Commercial Guano Co.Supreme Court of Georgia · 1898
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
- Produce Trading Co. v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
- Aydlett v. . R. R.Supreme Court of North Carolina · 1916
7 more not listed; retrieve them via the Exa API.