Harper Furniture Co. v. Southern Express Co.
Supreme Court of North Carolina
Civil actioN to recover damages for delay in shipment of goods by express, tried before Bryan, J., and a jury, at November Term, 1906, Superior Court of Caldwell County. Erom judgment of nonsuit plaintiff appealed. G. E. Harper, for plaintiff, and being the only witness examined, testified as follows: “I am a member of the firm trading under the name of The Harper Furniture Company, and am general manager of the same.
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Civil actioN to recover damages for delay in shipment of goods by express, tried before Bryan, J., and a jury, at November Term, 1906, Superior Court of Caldwell County. Erom judgment of nonsuit plaintiff appealed. G. E. Harper, for plaintiff, and being the only witness examined, testified as follows: “I am a member of the firm trading under the name of The Harper Furniture Company, and am general manager of the same. On 28 October, 1905, I received a through bill of lading by mail from Erie, Pa., to Lenoir, N. 0., issued by the Adams Express Company, as shown on the face of the bill, and…
1Opinion of the Court
(The difference between "prima facie," "presumptions," and "burden of the issue" distinguished.)
2ConcurrenceWalker, J.
After stating the case: It is said by McKelvey, in his work on evidence, that there is a class of facts of which a court may take judicial notice in its sound legal discretion, and supporting them is the single principle of common notoriety, the vital question being whether sufficient notoriety attaches to any particular fact to make it safe and proper to assume its existence without proof. McKelvey on Evidence, pp. 33 and 34. Speaking further of this class of facts, the same author says: "In every…
3Cases cited11 opinions
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Morgan v. FarrelSupreme Court of Connecticut · 1890
- Mutual Ben. Life Ins. v. RobisonCourt of Appeals for the Eighth Circuit · 1893
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
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4Cited by30 opinions
- Hunt v. EureSupreme Court of North Carolina · 1925
- State v. SaundersSupreme Court of North Carolina · 1957
- Hunt v. . EureSupreme Court of North Carolina · 1925
- Ange v. Woodmen of the WorldSupreme Court of North Carolina · 1917
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
25 more not listed; retrieve them via the Exa API.