Stehli v. Southern Express Co.
Supreme Court of North Carolina
Appeal by defendant from Coolce, J., at June Term, 1912, of GrUILFORD. This action is to recover damages for the loss by .negligence of four bales of silk, shipped from High Point to New York under a contract with the defendant, in which the value of the silk was not given, and in which was the following stipulation: “And if the value of the property above described is not stated by the shipper at the time of shipment and specified in this receipt, the holder thereof will…
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Appeal by defendant from Coolce, J., at June Term, 1912, of GrUILFORD. This action is to recover damages for the loss by .negligence of four bales of silk, shipped from High Point to New York under a contract with the defendant, in which the value of the silk was not given, and in which was the following stipulation: “And if the value of the property above described is not stated by the shipper at the time of shipment and specified in this receipt, the holder thereof will not demand of the Southern Express Company a sum exceeding $50 for the loss or damage to the shipment herein receipted…
1Dissent
"Walker, J".,
dissenting: This was an action to recover tbe value of goods delivered to tbe defendant for shipment, and lost or destroyed. There was a verdict for tbe plaintiff and judgment rendered for tbe full amount claimed, from which judgment tbe defendant has appealed.
Tbe plaintiff sets out two causes of action, one for breach of contract and tbe other in tort, for tbe failure to deliver goods shipped from High Point, N. 0., to New York, and alleged tbe value of tbe goods to be $1,999, and j>rayed judgment for that amount.
Tbe defendant answered, alleging that tbe goods were shipped on a…
2Cases cited19 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
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