Currie v. Railroad Co.
Supreme Court of North Carolina
ActioN by J. L. Currie and others against the Ealeigh and Augusta Air Line Eailroad Company, heard by Judge O. M. Goolce and a jury, at September Term, 1903, of the Superior Court of Moore County. Erom a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtClark, C. J.
This is an action for the penalty (fifty dollars per day) incurred under The Code, section 1964, as amended by chapter 444, Laws 1903, for refusal by the defendant to receive for transportation a car-load of lumber, tendered May 1, 1903, and which remained unshipped the two succeeding days, May 8th and 9th.
The defendant moved to dismiss because the complaint did not state a cause of action. This is predicated, we understand, upon the ground that the statute giving the penalty was not pleaded, and that a renewal of the tender on the 8th and again on the 9th of May was not specifically alleged.…
2Cases cited3 opinions
- Bagg v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1891
- State v. RegisterSupreme Court of North Carolina · 1903
- Commissioners of Burke v. . Commissioners, BuncombeSupreme Court of North Carolina · 1888
3Cited by12 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Harrill Bros. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- State v. . RegisterSupreme Court of North Carolina · 1903
- Alley v. Howell.Supreme Court of North Carolina · 1906
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