McCotter v. Norfolk Southern Railroad
Supreme Court of North Carolina
ActioN to recover damages for loss caused by negligent delay in shipment and delivery of a lot of potatoes from Bayboro, N. C., to Roanoke, Ya. The goods shipped by plaintiff to his own order, notify Roanoke Fruit Company, etc., on 12 December, 1914. The shipment was routed, over Norfolk and Western, in State of Virginia, the defendant being the initial carrier, receiving the shipment at Bayboro as stated.
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ActioN to recover damages for loss caused by negligent delay in shipment and delivery of a lot of potatoes from Bayboro, N. C., to Roanoke, Ya. The goods shipped by plaintiff to his own order, notify Roanoke Fruit Company, etc., on 12 December, 1914. The shipment was routed, over Norfolk and Western, in State of Virginia, the defendant being the initial carrier, receiving the shipment at Bayboro as stated. On denial of liability the jury rendered the following verdict: 1. Did the plaintiff on or about 12 December, 1914, deliver to defendant at Bayboro, N. C., 105 barrels of sweet potatoes in…
1Opinion of the CourtHoke, J.
There was evidence on part of plaintiff tending to show that the potatoes delivered for shipment to the defendant road at Bay-boro, N. C., on 12 December, 1914, and routed via Norfolk and thence over Norfolk and "Western to Eoanoke, Ya., and arrived at this point on 17 December following. That owing to the fact that the bill of lading was lost or delayed in the mails, -the delivering carrier refused to turn over the goods without presentation of a bill of lading or a bond of indemnity and did not do so until 23 December. That the weather was mild at the time the potatoes were shipped and…
2Cases cited5 opinions
- Davidson Development Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Myers v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
- Culbreth v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Mann v. Fairfield & Elizabeth City Transportation Co.Supreme Court of North Carolina · 1918
- Reidsville Paper Box Co. v. Southern RailwaySupreme Court of North Carolina · 1919
3Cited by1 opinion
- Winget v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1920