Hinkle, Craig & Co. v. Southern Railway Co.
Supreme Court of North Carolina
Civil ActioN, tried before Alien, J., at Eall Term, 1899, of Caldwell Superior Court. Mr. Justice Douglas states the facte. This is an action to recover damages for injuries to a carload of cattle resulting from delay in transportation.
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Civil ActioN, tried before Alien, J., at Eall Term, 1899, of Caldwell Superior Court. Mr. Justice Douglas states the facte. This is an action to recover damages for injuries to a carload of cattle resulting from delay in transportation. The complaint, among other allegations, contains the following: “8. That on or about the 4th day of November, 1896, the plaintiffs shipped from Lenoir, N. 0., to Hickory, N. O., over the railroad of the Chester and Lenoir Railroad Company, thirty head of cattle; that said cattle were shipped from Lenoir, N. C., on Wednesday, November 4, 1896, at 2 o’clock a»…
1Opinion of the Court
Douglas, J.,
(after stating the facts). This case was submitted to us on printed briefs for the plaintiffs, but was argued in behalf of the defendant both orally and by brief. It is perhaps proper to say that almost the entire brief of the defendant was devoted to proving a proposition that we have no disposition to deny, that is, that a common carrier can, by special contract, reasonably limit its common law liability. But we can not admit the assumed corollary that thereby it ceases to be a common carrier or ipso facto reverses the legal burden of proof. It is well established that where the…
2Cases cited8 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Compania De Navigacion La Flecha v. BrauerSupreme Court of the United States · 1897
- State v. . McDuffieSupreme Court of North Carolina · 1890
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
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3Cited by19 opinions
- Thayer v. Pacific Electric Railway Co.California Supreme Court · 1961
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1901
- Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
- Chicago, R. I. & P. Ry. Co. v. HarringtonSupreme Court of Oklahoma · 1914
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1910
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