Selby v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action, for injuries to live stock while beiDg transported on defendant company’s cars, tried before Shvford, J., and a jury, at February Term, 1893, of Wilson Superior Court. It appeared from the evidence that a car-load of horses and mules were shipped from Richmond, Va., to the plaintiff at Wilson, N. C., and that plaintiff did not accompany the stock, but met them at the depot in Wilson.
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Civil action, for injuries to live stock while beiDg transported on defendant company’s cars, tried before Shvford, J., and a jury, at February Term, 1893, of Wilson Superior Court. It appeared from the evidence that a car-load of horses and mules were shipped from Richmond, Va., to the plaintiff at Wilson, N. C., and that plaintiff did not accompany the stock, but met them at the depot in Wilson. His Honor submitted the following issues to the jury, to-wit: “1. Were the stock described in the complaint injured by the negligence of the defendant? “2. What damage'has the plaintiff sustained…
1Opinion of the Court
Burwell, J.:
The relation between the parties to this action is not that of a common carrier towards a shipper of freight w'ho had chosen to pay the usual tariff charges, and stand upon his rights, and hold the carrier to the performance of its duty under all the strict requirements of the common law7. It was his privilege to demand of the carrier the shipment of his stock under those somewhat stringent but not unjust conditions. He has chosen not to avail himself of this privilege, and thus put his animals under the safe guard established by the law for the protection of those whose property…
2Cases cited3 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Capehart v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1879
3Cited by24 opinions
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Liquid Carbonic Co. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1907
- Wood v. Southern Railway Co.Supreme Court of North Carolina · 1896
- Jones-Lane Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
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