Eller v. Railroad
Supreme Court of North Carolina
ActioN by Dora Eller and Albert Eller, ber husband, against the Carolina & Northwestern Eailway Company, heard by Judge W. B. Oouncill and a jury, at the May Term, 1905, of the Superior Court of Catawba. On September 5, 1904, the feme plaintiff, then Dora Anderson, was a passenger on defendant’s train from Granite Falls to Hickory.
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ActioN by Dora Eller and Albert Eller, ber husband, against the Carolina & Northwestern Eailway Company, heard by Judge W. B. Oouncill and a jury, at the May Term, 1905, of the Superior Court of Catawba. On September 5, 1904, the feme plaintiff, then Dora Anderson, was a passenger on defendant’s train from Granite Falls to Hickory. She had, as baggage, a valise of the kind usually known as a “telescope,” containing clothing, letters, photographs and other articles, which was checked to Hickory and should have arrived at its destination on the 5th of said month, but did not arrive until the…
1Opinion of the Court
Walker, J.,
after stating the case: The general rule in the law of damages is that all damage resulting from a single wrong or cause of action must be recovered in one suit. The demand cannot be split and several actions maintained for the separate items of damage. Plaintiff recovers one compensation for all loss and damage, past and prospective, which were the certain and proximate results of the single wrong or breach of duty. Pierce on Railroads (1881), 800, 301, and note 1. The rule is different where there is a continuing wrong or the wrong is repeated, as in- the ease of a nuisance or…
2Cases cited4 opinions
- Cranford v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Bond Willis v. . HiltonSupreme Court of North Carolina · 1855
- Moore v. . LoveSupreme Court of North Carolina · 1855
- Hatchell v. . KimbroughSupreme Court of North Carolina · 1856
3Cited by24 opinions
- Bruton v. . Light Co.Supreme Court of North Carolina · 1940
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Underwood v. . DooleySupreme Court of North Carolina · 1929
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Bruton v. Carolina Power & Light Co.Supreme Court of North Carolina · 1940
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