Legal Opinion

Bane v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided April 12, 1916PublishedCited by 23 opinions

Appeal by plaintiff from Allen, J., and a jury at September Term, 1916, of DURHAM. Civil action to recover a penalty against tbe defendant for refusal to receive for shipment a car-load of cattle wbicb the plaintiff alleges he tendered to be shipped from Eoseboro, N. C., in Sampson County, to Clayton, N. 0., in Johnston County, and damages which the plaintiff alleges he sustained by reason of the failure to receive and transport the cattle.

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Appeal by plaintiff from Allen, J., and a jury at September Term, 1916, of DURHAM. Civil action to recover a penalty against tbe defendant for refusal to receive for shipment a car-load of cattle wbicb the plaintiff alleges he tendered to be shipped from Eoseboro, N. C., in Sampson County, to Clayton, N. 0., in Johnston County, and damages which the plaintiff alleges he sustained by reason of the failure to receive and transport the cattle. The plaintiff testified-that he tendered said cattle at Eoseboro,.N. 0., for shipment to Clayton, N. 0., on 14 February, 1914, and that the agent of the…

1Opinion of the CourtAllen, J.

Tbe Revisal, sec. 2631, makes it tbe duty of transportation. companies to receive all articles of tbe nature and kind received by such companies for transportation “whenever tendered at a regular depot, station,” etc., and imposes a penalty of $50 “for each day said companies refuse to receive such shipment.”

Tbe construction placed upon tbe statute is “that it was intended to impose a penalty for each day upon which tbe freight was at tbe depot ready for shipment” (Garrison v. R. R., 150 N. C., 587), and that before tbe penalty can be recovered tbe jury “must find that there was a tender and…

2Cases cited14 opinions

  1. Hughes v. StateTennessee Supreme Court · 1912
  2. State v. . LeakSupreme Court of North Carolina · 1911
  3. Consolidated Gas Electric Light & Power Co. v. State Ex Rel. SmithCourt of Appeals of Maryland · 1909
  4. Davis v. . R. R.Supreme Court of North Carolina · 1904
  5. Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907

9 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
  2. State v. . GardnerSupreme Court of North Carolina · 1948
  3. State v. FosterSupreme Court of North Carolina · 1973
  4. State v. NorrisSupreme Court of North Carolina · 1955
  5. Hunt v. WootenSupreme Court of North Carolina · 1953

18 more not listed; retrieve them via the Exa API.

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