Young v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This is an actioN which was commenced before a Justice of the Peace, in which the plaintiff claimed damages for the destruction of certain goods and merchandise which were burned in the defendant’s warehouse, at Dunn, North Carolina. The justice rendered judgment in favor of the plaintiff from which the defendant appealed to the Superior Court. The case came on for trial at November Term, 1894, of Har-nett Superior Court, before Bynum, Judge, and a jury.
Read the full summary
This is an actioN which was commenced before a Justice of the Peace, in which the plaintiff claimed damages for the destruction of certain goods and merchandise which were burned in the defendant’s warehouse, at Dunn, North Carolina. The justice rendered judgment in favor of the plaintiff from which the defendant appealed to the Superior Court. The case came on for trial at November Term, 1894, of Har-nett Superior Court, before Bynum, Judge, and a jury. The plaintiff introduced the following testimony: P. J. Jeffreys, testified as follows: I was thé agent of defendant, at Dunn, in April,…
1Opinion of the Court
Eaieoloth, C. J.:
At the close of plaintiff’s evidence His Honor ivas of opinion that he was not entitled to recover and a non-suit was taken and an appeal granted. At the time of the fire the defendant was not liable as a common carrier but was only liable for want of ordinary care as a warehouseman. Hilliard v. Railroad, 6 Jones, 343. The plaintiff was required to prove the negligence as a part of his case. Kahn v. Railroad, 115 N. C., 638. We think His Honor properly held that the evidence was insufficient to justify the jury in rendering a verdict for plaintiff. Judges' are no longer…
2Cases cited1 opinion
- Kahn v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1894
3Cited by20 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Smith v. . SinkSupreme Court of North Carolina · 1937
- State v. . PrinceSupreme Court of North Carolina · 1921
- Lewis v. Clyde Steamship Co.Supreme Court of North Carolina · 1903
- Moore v. . R. R.Supreme Court of North Carolina · 1917
15 more not listed; retrieve them via the Exa API.