Grocery Co. v. Railroad Co.
Supreme Court of North Carolina
ActioN by the Lexington Grocery Company against the Southern Nailway Company,'heard by Judge O. II. Allen and a jury, at April Term, 1904, of the Superior Court of Davidson County.
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ActioN by the Lexington Grocery Company against the Southern Nailway Company,'heard by Judge O. II. Allen and a jury, at April Term, 1904, of the Superior Court of Davidson County. This is an action to recover the statutory penalty for failure to ship within the time limited by the statute a box of nutmegs, which with three other separate packages of goods was delivered to the defendant at High Point for shipment on December 12, 1902. The defendant issued one bill of lading including the four packages. Its material parts are as follows: “Deceived by the Southern Nailway Company at HighPoint…
1Opinion of the Court
Douglas, J.,
after stating the facts. As the issues submitted appear to us to have been sufficient, we see no error in the refusal of his Honor to submit those tendered by the defendant. The defendant’s prayers for instruction were properly refused. The defendant contends that the four packages constituted one shipment, and that the mismarking of three of them was sufficient excuse for not shipping the fourth. A sufficient answer to this contention is that the defendant shipped to Ashboro the three packages that were wrongly marked, and failed to ship the package that was correctly marked in…
2Cases cited5 opinions
- City of Wilmington v. CronlySupreme Court of North Carolina · 1898
- Dyer v. . EllingtonSupreme Court of North Carolina · 1900
- Dunham v. Anders.Supreme Court of North Carolina · 1901
- McGowan v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1886
- State ex rel. Carter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
3Cited by13 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Carson v. BuntingSupreme Court of North Carolina · 1911
- Carter v. . R. R.Supreme Court of North Carolina · 1900
- Williams v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Alford v. . MooreSupreme Court of North Carolina · 1913
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