Mitchell v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Abpeal by tbe defendant from Lyon, J., at tbe November Term, 1921, OÍ CRAVEN. Civil action, tried on appeal from a justice’s court. Tbe action is to recover a statutory penalty for negligent delay in tbe transportation and delivery of freight under C. S., 3516. There was denial of liability, and tbe cause submitted to tbe jury on tbe issue as to unreasonable delay, and, second, tbe amount recoverable for same, etc.
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Abpeal by tbe defendant from Lyon, J., at tbe November Term, 1921, OÍ CRAVEN. Civil action, tried on appeal from a justice’s court. Tbe action is to recover a statutory penalty for negligent delay in tbe transportation and delivery of freight under C. S., 3516. There was denial of liability, and tbe cause submitted to tbe jury on tbe issue as to unreasonable delay, and, second, tbe amount recoverable for same, etc. Tbe plaintiff testified as follows: “That under tbe bill of lading of 13 April, 1920, tbe two boxes of clipping machines, one box of hardware, and ten packages of cart rims and…
1Opinion of the CourtHoke, J.
Under tbe statute as it formerly prevailed, Revisal of 1905, sec. 2632, a penalty was imposed for unreasonable delay in tbe •transportation of goods. Construing tbe statute in Alexander v. R. R., 144 N. C., 93, tbe Court held tbat tbe term “transportation” did not include a delivery to consignee at tbe point of destination, and if goods shipped by a carrier bad been properly placed at tbe point of destination, no penalty was incurred under tbe law for a negligent delay in delivery from tbe car or warehouse of tbe company. Subsequent to tbe facts presented in tbat case, tbe Legislature amended…
2Cases cited2 opinions
- Alexander v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Wall v. . R. R.Supreme Court of North Carolina · 1908
3Cited by3 opinions
- In Re: Joseph Lee MooreSupreme Court of North Carolina · 1976
- Hobbs v. County of MooreSupreme Court of North Carolina · 1966
- Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925