Williams v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Adams, Jat tbe February Term, 1910, of Guilpobd. Civil action beard on demurrer to tbe complaint. Tbe plaintiff alleged tbat on 3 August, 1907, be was a passenger on one of defendant’s trains, running from Warsaw, N. C., to Goldsboro, N. O., traveling from tbe former to tbe latter station; tbat be tendered tbe conductor tbe fare in casb for bis transportation, to-wit, 68 cents, tbe distance between 29 miles and tbe legal rate per mile being 2% cents; tbat tbe…
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Appeal from Adams, Jat tbe February Term, 1910, of Guilpobd. Civil action beard on demurrer to tbe complaint. Tbe plaintiff alleged tbat on 3 August, 1907, be was a passenger on one of defendant’s trains, running from Warsaw, N. C., to Goldsboro, N. O., traveling from tbe former to tbe latter station; tbat be tendered tbe conductor tbe fare in casb for bis transportation, to-wit, 68 cents, tbe distance between 29 miles and tbe legal rate per mile being 2% cents; tbat tbe conductor declined to receive tbis, demanded 85 cents, being tbe fare at tbe rate of 3 cents per mile, and upon plaintiff’s…
1Opinion of the Court
Manning, J,.
Tbe General Assembly of tbis State, at its session in 1907, by sec. 1, eb. 216, provided that no railroad company doing business as a common carrier of passengers in tbe State of North Carolina should charge, demand or receive for transporting any passenger and bis or her baggage, not exceeding in weight two hundred pounds, a rate in excess of two and one-quarter cents per mile. Tbis act applied exclusively to intrastate travel, and excepted certain classes of roads which are not pertinent to tbe present ease. Tbe defendant’s counsel in their brief admit that, according to tbe…
2Cases cited12 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Hubbard v. BrainardSupreme Court of Connecticut · 1869
- Dunlap v. Toledo, Ann Arbor & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Cody v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
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- Blue Ridge Interurban Railroad v. OatesSupreme Court of North Carolina · 1913
- Lockerby v. Cross Point NC Partners, LLCDistrict Court, W.D. North Carolina · 2023
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