Stone & Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN, tried before Jones, J., and a jury, at tbe December Term, 1906, of'tbe Superior Court of New IIaN-oveR County. This was an action prosecuted by the plaintiffs for the recovery of the penalty incurred by defendant for failure to transport freight within a reasonable time, pursuant to sec. 2632, Revisal. The action was instituted in a justice’s court and brought by appeal in the Superior Court of New Hanover.
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Civil actioN, tried before Jones, J., and a jury, at tbe December Term, 1906, of'tbe Superior Court of New IIaN-oveR County. This was an action prosecuted by the plaintiffs for the recovery of the penalty incurred by defendant for failure to transport freight within a reasonable time, pursuant to sec. 2632, Revisal. The action was instituted in a justice’s court and brought by appeal in the Superior Court of New Hanover. The plaintiffs introduced a bill of lading issued by defendant at Wilmington, N. C., showing shipment by Stone & Co. to Williamson & Brown Sand and Lumber Co., at Cerro…
1Opinion of the Court
Connor, J.,
after stating the case: The motion for judgment of nonsuit entitles the defendant to urge in this Court *222any view' of the plaintiff’s testimony which involves his right to maintain the action. It was, therefore, open to defendant to insist, in this Court, as it does in the well-considered and interesting brief of counsel: 1. That the statute, upon the provisions of which this action is based, is invalid for the reasons assigned. 2. That, if valid, the plaintiffs do not bring themselves within its terms. Other questions are raised by exceptions to rulings of his Honor during the…
2Cases cited19 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
- State v. Barrett.Supreme Court of North Carolina · 1905
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
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