Baldwin v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Justice, J., at the April Term, 1915, of Columbus. Action to recover damages for injury to a carload of live stock skipped from Atlanta, Ga., to Mount Tabor, N. C., on tke line of tke defendant. Tkere was evidence on tke part of tke plaintiff tending to prove tkat tke stock was received in a damaged condition, wkiek resulted from tke negligence of tke defendant, and as to tke amount of tke damage.
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Appeal by defendant from Justice, J., at the April Term, 1915, of Columbus. Action to recover damages for injury to a carload of live stock skipped from Atlanta, Ga., to Mount Tabor, N. C., on tke line of tke defendant. Tkere was evidence on tke part of tke plaintiff tending to prove tkat tke stock was received in a damaged condition, wkiek resulted from tke negligence of tke defendant, and as to tke amount of tke damage. Tke defendant relied upon tke following stipulations in tke bill of lading, under wkiek tke skipment was made, as a defense: “Tkat as a condition precedent to any rigkt to…
1Opinion of the CourtAlleN, J.
Stipulations in bills of lading, covering shipments of live stock, requiring written notice of the claim for damages to be given before the stock is removed from the possession of the carrier, are valid (Selby v. R. R., 113 N. C., 588; Austin v. R. R., 151 N. C., 137), but the requirement that the notice shall be in writing is waived upon proof of actual knowledge of the injury. Kime v. R. R., 153 N. C., 398; Kime v. R. R., 156 N. C., 451; Kime v. R. R., 160 N. C., 464; Wilkins v. R. R., 160 N. C., 58.
These decisions, the result of mature consideration, were rendered upon interstate shipments…
2Cases cited9 opinions
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Clegg v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Kidwell v. Oregon Short Line R.Court of Appeals for the Ninth Circuit · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hopper Paper Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1949
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- Taft v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
- Washington Horse Exchange v. L. & N. RailroadSupreme Court of North Carolina · 1916
- Schloss v. . R. R.Supreme Court of North Carolina · 1916
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