Robt. W. Glenn v. . the Charlotte S.C. R. R. Co.
Supreme Court of North Carolina
Case, tried before Tourgee, J., at Spring Term 1869 of the-Superior Court of Guilford.. The plaintiff declared against the defendant as a common Carrier, 'Warehouseman and Forwarder, for damages sustained in the loss of certain cotton received by the defendant, at Columbia S. C., for transportation to High Point in Guil-ford County.
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Case, tried before Tourgee, J., at Spring Term 1869 of the-Superior Court of Guilford.. The plaintiff declared against the defendant as a common Carrier, 'Warehouseman and Forwarder, for damages sustained in the loss of certain cotton received by the defendant, at Columbia S. C., for transportation to High Point in Guil-ford County. The cotton was received by the defendant in February 1864, under a special contract in writing, by which it was. claimed that it was liable tor gross neglect only. It was carried to Charlotte, and the damage sustained by it was received at the depot there, where…
1Opinion of the CourtPearsoN, C. J.
We are of opinion that the evidence, taking it most favorably for the defendant, makes out a case of gross negligence, and that the Judge ought to have instructed the jury that the plaintiff was entitled to a verdict.
When the plaintiff went to Charlotte in April 1864, and found his cotton in the condition it was in, he had a right to “ quicken the diligence ” of the defendant's employees. As one who puts process into the hands of an officer, may tell him that he has reason to fear the defendant will “ slip out of the county ” and the matter should be attended to without delay: if this…
2Cited by11 opinions
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- State v. . GradySupreme Court of North Carolina · 1880
- Terry v. Danville, Mocksville & Southwestern RailroadSupreme Court of North Carolina · 1884
- Moore v. . ParkerSupreme Court of North Carolina · 1884
- Capehart v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1879
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