Brick v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN, beard on appeal from a court of a justice of the peace, before Oouncill, J., and a-jury, at September Term, 1906, of the Superior Court of RobesoN County. The plaintiff sued to recover the value of the contents of a trunk by him delivered to the defendant. It was in evidence that the plaintiff, who was a merchant, packed the trunk with certain wearing apparel, and also placed therein certain •jewelry.
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Civil actioN, beard on appeal from a court of a justice of the peace, before Oouncill, J., and a-jury, at September Term, 1906, of the Superior Court of RobesoN County. The plaintiff sued to recover the value of the contents of a trunk by him delivered to the defendant. It was in evidence that the plaintiff, who was a merchant, packed the trunk with certain wearing apparel, and also placed therein certain •jewelry. The plaintiff purchased a ticket and checked the baggage, and delivered the ticket to his brother, .who was a clerk in the employ of plaintiff, and who was going to Chad-bourn for…
1Opinion of the Court
Clauk, O. L,
after stating the case: -The plaintiff is not estopped by the former judgment (142 N. C., 359), because it was held therein that the court of the justice of the peace (in which that action began) had no jurisdiction as to the tort for nondelivery of the jewelry. The subject-matter of this action was not passed upon, and could not have been, in that action. Harrington v. Hatton, 130 N. C., 89; Smith v. Garris, 131 N. C., 34.
The common carrier is “insurer of the personal baggage of the passenger, and this includes jewelry carried for the personal use of the passenger to a reasonable…
2Cases cited4 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Trouser Co. v. RailroadSupreme Court of North Carolina · 1905
- Harrington v. Hatton.Supreme Court of North Carolina · 1902
- Smith v. Garris.Supreme Court of North Carolina · 1902
3Cited by10 opinions
- Clott v. GREYHOUND LINES, INCORPORATEDSupreme Court of North Carolina · 1971
- Perry v. . R. R.Supreme Court of North Carolina · 1916
- Neece v. Richmond Greyhound Lines, Inc.Supreme Court of North Carolina · 1957
- Stewart v. HuntDistrict Court, E.D. North Carolina · 1984
- Kindley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
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