Shaw v. Southern Express Co.
Supreme Court of North Carolina
Appeal by plaintiff from Connor, at August Term, 1915, of DupliN. Civil action tried upon these issues: 1. What sum, if any, is plaintiff Shaw entitled to recover of the defendant company as damages for failure to receive and forward on train No. 42 thirty crates of strawberries on 23 May, 1913? Answer: “Nothing.” 2. Did defendant refuse to receive from plaintiff for shipment thirty crates of strawberries on 23 May, 1913, as alleged? Answer: “No.” 3. What sum, if any, is…
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Appeal by plaintiff from Connor, at August Term, 1915, of DupliN. Civil action tried upon these issues: 1. What sum, if any, is plaintiff Shaw entitled to recover of the defendant company as damages for failure to receive and forward on train No. 42 thirty crates of strawberries on 23 May, 1913? Answer: “Nothing.” 2. Did defendant refuse to receive from plaintiff for shipment thirty crates of strawberries on 23 May, 1913, as alleged? Answer: “No.” 3. What sum, if any, is plaintiff Shaw entitled to recover of the defendant company as damages for failure to receive and forward on train No. 42…
1Opinion of the CourtBeowN, J.
The plaintiff sues to recover penalty and damages for failure to receive and transport two lots of strawberries under sections 2631 and 2632 of Revisal.
The evidence in the case is conflicting, but there is evidence tending to prove that on 23 May, 1913, the plaintiff tendered to the defendant at Teachey thirty crates of strawberries to be shipped to Raleigh. These berries were tendered at 8 o’clock p. in. and forwarded on the train which passed Teachey the following day at 10 o’clock a. m. The defendant had a train which passed Teachey at 8:06 o’clock p. m. of 23'May, but the defendant’s…
2Cases cited1 opinion
- Cox v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
3Cited by3 opinions
- McDonald v. . HoweSupreme Court of North Carolina · 1919
- Talley v. . R. R.Supreme Court of North Carolina · 1930
- Talley & Baugham, Inc. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1930