Smith v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from 0. II. Allen, J., at April Term, 1913, of Pitt. This is an action to recover damages for injury to a horse and a mule, caused by the negligence of the defendant.
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Appeal by defendant from 0. II. Allen, J., at April Term, 1913, of Pitt. This is an action to recover damages for injury to a horse and a mule, caused by the negligence of the defendant. The following verdict was returned by the jury: 1. Was the mule mentioned in the complaint injured and killed by the negligence of the defendant; Answer: Yes. 2. If so, in what amount has the plaintiff been damaged thereby? Answer: $200. 3. Was the mare mentioned in the complaint injured by the negligence of the defendant ? . Answer: Yes. 4. If so, in what amount has the plaintiff been damaged thereby?…
1Opinion of the CourtAlleN, J.
The plaintiff did not introduce a bill of lading, but he offered evidence tending to prove that on 4 January, 1911, he purchased several horses and mules in Eichmond, which were delivered to a connecting line of railway, and were delivered to- him at Greenville by the defendant; that he- paid the freight to the defendant, and that one mule was dead and a horse injured, when the cars reached Greenville.
Tbe plaintiff further testified that be was present and saw tbe stock loaded on tbe cars in Richmond, and that no bill of lading was given to him. All of this evidence was objected to by'the…
2Cases cited3 opinions
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Wells v. . Wilmington Weldon R. R. Co.Supreme Court of North Carolina · 1858
- Berry v. Southern Railway Co.Supreme Court of North Carolina · 1898
3Cited by17 opinions
- State v. VestalSupreme Court of North Carolina · 1971
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- State v. HairstonSupreme Court of North Carolina · 1972
- Ledford v. Valley River Lumber Co.Supreme Court of North Carolina · 1922
- State v. . BrightSupreme Court of North Carolina · 1939
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