Parker v. Southern Express Co.
Supreme Court of North Carolina
ActioN by J. O. Parker and others against the Southern Express Company, heard by Judge E. W. Timberlake and a jury, at November Term, 1902, of the Superior Court of Harnett County. From a judgment for the plaintiffs the defendant appealed.
1Opinion of the CourtClark, C. J.
This was an action brought before a justice of the peace and no written pleadings were filed. The summons notifies the defendant to appear at the time and place named “to answer the complaint of plaintiffs for non-payment of the sum of $115 with interest thereon from 11 August, 1901, until paid, for breach of contract.” On appeal to the Superior Court, the following issues were submitted: 1. “Were the plaintiffs damaged by reason of the negligence of the defendant in the failure to deliver the express package in question ? 2. What damages have the plaintiffs sustained ?”
The jury responded…
2Cases cited13 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- Sams v. . PriceSupreme Court of North Carolina · 1896
- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Holden v. . WarrenSupreme Court of North Carolina · 1896
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3Cited by7 opinions
- Riley v. . StoneSupreme Court of North Carolina · 1915
- Stroud v. . Insurance Co.Supreme Court of North Carolina · 1908
- Schulhofer v. . R. R.Supreme Court of North Carolina · 1896
- White v. . EleySupreme Court of North Carolina · 1907
- Mitchell v. . MooreSupreme Court of North Carolina · 1927
2 more not listed; retrieve them via the Exa API.