Morris-Scarboro-Moffitt Co. v. Southern Express Co.
Supreme Court of North Carolina
Civil actioN, tried on appeal from a justice’s court before Moore_, J., and a jury, at March Term, 1907, of the Superior Court of EaNDOLph County.
Read the full summary
Civil actioN, tried on appeal from a justice’s court before Moore_, J., and a jury, at March Term, 1907, of the Superior Court of EaNDOLph County. There was evidence tending to show that defendant company, having undertaken, in the line of its duty as common carrier, to deliver certain goods to plaintiff, at Ashboro, N. 0.,' the same having been shipped from Cincinnati, 0., in breach of its contract and agreement delivered only part of said goods, the package in which they were shipped having been broken open, while in defendant’s custody, and part of the goods taken; that, after said package…
1Opinion of the Court
Hoke, J.,
after stating the case: The statute in question enacts: “That every claim for loss of or damage to property while in possession of a common carrier shall be adjusted and paid within sixty days in case of shipments wholly within this State, and within ninety days in case of shipments from without the State, after the filing of such claim with the agent of such carrier at the point of destination of such shipment or the point of delivery to another common carrier: Provided, that no such claim shall be filed until after the arrival of the shipment, or of some part thereof, at the point…
2Cases cited22 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Welton v. MissouriSupreme Court of the United States · 1876
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Smith v. AlabamaSupreme Court of the United States · 1888
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- State v. . BurnettSupreme Court of North Carolina · 1920
- Seaboard Air Line Railway v. SimonSupreme Court of Florida · 1908
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Davis v. Southern Railway Co.Supreme Court of North Carolina · 1908
11 more not listed; retrieve them via the Exa API.