Poythress v. Durham & Southern Railway Co.
Supreme Court of North Carolina
ActioN heard on demurrer to complaint, by Goolce, J., at May Term, 1908, of VaNCE, to recover the value of a moving-picture outfit alleged to have been destroyed in the warehouse of the defendant on the evening of 6 June, 19 07. The complaint contains two causes of action — one charging-the defendant as a common carrier and a second count charging it as a warehouseman. The defendant demurred to both causes of action.
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ActioN heard on demurrer to complaint, by Goolce, J., at May Term, 1908, of VaNCE, to recover the value of a moving-picture outfit alleged to have been destroyed in the warehouse of the defendant on the evening of 6 June, 19 07. The complaint contains two causes of action — one charging-the defendant as a common carrier and a second count charging it as a warehouseman. The defendant demurred to both causes of action. From a judgment overruling the demurrer the defendant appealed.
1Opinion of the CourtEuown, J.
The facts alleged in the first cause of action, which, for the purposes of the hearing only, are admitted by the demurrer to be true, appear to be substantially as follows: “That on 6 June, 1907, the plaintiff delivered to the de fendant, in good condition, at its station in Dunn, two boxes, containing a moving-picture outfit, consigned to tbe plaintiff, at Duke, N. C., a station on defendant’s road, which boxes and contents the defendant agreed to safely transport and deliver to plaintiff at destination; that they arrived at Duke on the same day, late in the evening — too late for plaintiff…
2Cases cited11 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Wilson v. California Central RailroadCalifornia Supreme Court · 1892
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Collins v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cushing v. RodmanCourt of Appeals for the D.C. Circuit · 1936
- Wood v. Louisiana & A. Ry. Co.Supreme Court of Louisiana · 1925
- Citizens & Marine Bank v. Southern Railway Co.Supreme Court of North Carolina · 1910
- American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924
- Peavey v. Philadelphia, B. & W. R. Co.Court of Appeals for the D.C. Circuit · 1921
1 more not listed; retrieve them via the Exa API.