Blue Ridge Collection Agency v. Southern Railway Co.
Supreme Court of North Carolina
ActioN to recover a penalty, -under section 2632 of the Re-visal, for delay in transporting a safe from Thomasville, N. C., to Hickory, N. 0., tried before 1Ward, J., at October Term, 1901, of Oatawba. From tbe judgment rendered the defendant appealed.
1Opinion of the CourtEeowh, J.
Tbe evidence tended to show that tbe safe was delivered to tbe defendant at Thomasville, N. 0., on Tuesday, 22 January, 1901, for transportation to Hickory, N. O., and that this safe arrived at Hickory on 30 January. Salisbury, according to tbe evidence, is an intermediate point, within tbe meaning of tbe act, between Hickory and Thomasville. Tbe defendant was entitled to two days at such intermediate point. Wall-Huske Co. v. Railroad, ante, 401.
As tbe defendant is entitled to a deduction of two days at tbe intermediate point, tbe safe could not have arrived at Hickory in time for delivery…
2Cases cited2 opinions
- Salley v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1907
- Watson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907