Norfolk Southern Railroad v. New Bern Iron Works & Supply Co.
Supreme Court of North Carolina
Civil actioN to recover freight charges, together with an account for demurrage and storage of goods, tried before Whedbee, J., and a jury, at May Term, 1916, of CbaveN.
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Civil actioN to recover freight charges, together with an account for demurrage and storage of goods, tried before Whedbee, J., and a jury, at May Term, 1916, of CbaveN. Plaintiff, having issued summons to Superior Court, filed its complaint and insisted on recovery of $130.50 freight charges (by mistake for $139.50), with demurrage charges, $50, and also storage charges, $219.45, since 29 September, 1909, the date when-the consignee was notified in New Bern of arrival of goods and refused to receive same, claiming that the freight charge was erroneous and excessive. His Honor held that there…
1Opinion of the Court
Plaintiff, having issued summons to Superior Court, filed its Complaint and insisted on recovery of $130.50 freight charges (by mistake for $139.50), with demurrage charges, $50, and also storage charges, $219.45, since 29 September, 1909, the date when the consignee was notified in New Bern of arrival of goods and refused to receive same, claiming that the freight charge was erroneous and excessive.
His Honor held that there was no valid claim for demurrage and storage, and plaintiff, having duly excepted, the question as to defendant's liability for the freight was submitted on the following…
2Cases cited5 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- American Sugar Refining Co. v. McGheeSupreme Court of Georgia · 1895
- American Merchants' Union Express Co. v. WolfIllinois Supreme Court · 1875
3Cited by2 opinions
- Atlantic Coast Line Railroad v. West Paving Co.Supreme Court of North Carolina · 1947
- Davis v. AdamsCourt of Appeals for the Ninth Circuit · 1923