Williams v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Long, J., at the October Term, 1.910, of Meck-LENBURG-. Civil action to recover value of plaintiff's trunk and its contents.
Read the full summary
Appeal from Long, J., at the October Term, 1.910, of Meck-LENBURG-. Civil action to recover value of plaintiff's trunk and its contents. There was evidence on part of plaintiff tending to show that on or about 30 August, 1908, on Sunday afternoon, at Charlotte, N. C., plaintiff, having purchased a ticket over defendant’s road via Statesville, N. C., sent her trunk to the station of defendant company in Charlotte to be received as baggage for transportation over defendant’s road, plaintiff intending to take the train leaving Charlotte on Monday morning following, 31 August. The trunk was first…
1Opinion of the Court
Hoke, J.,
after stating tbe case. To fix tbe responsibility for lost baggage on a railroad company, either as common carrier or warehouseman, there must have been a delivery of same, including an acceptance by tbe company, either actual or constructive; and in order to a valid delivery, tbe general rule is that when baggage is taken by others to a railroad station, and even to tbe place where baggage is usually received, some kind of notice must be given to some agent of tbe company authorized to accept tbe same. Hutchinson on Carriers, sec. 105; Fetter on Carriers, sec. 610; R. R. v. Beckley,…
2Cases cited9 opinions
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Lake Shore & Michigan Southern Railway Co. v. FosterIndiana Supreme Court · 1885
- Hickox v. Naugatuck RailroadSupreme Court of Connecticut · 1863
- L. L.F. Ins. Co. v. . R., W. O.R.R. Co.New York Court of Appeals · 1894
- Grand Tower Manufacturing & Transportation Co. v. UllmanIllinois Supreme Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lewis v. . NunnSupreme Court of North Carolina · 1920
- Barefoot v. . LeeSupreme Court of North Carolina · 1914
- Barrow v. . BarrowSupreme Court of North Carolina · 1941
- Barrow v. BarrowSupreme Court of North Carolina · 1941
- Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.