Peele v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN tried on appeal from a justice’s court before Guión, J.j and a jmw, June Special Term, of 1908, of WayNe, to recover the value of certain rice meal, together with the penalty for failure to deliver, under see. 2(532 of the Revisal.
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ActioN tried on appeal from a justice’s court before Guión, J.j and a jmw, June Special Term, of 1908, of WayNe, to recover the value of certain rice meal, together with the penalty for failure to deliver, under see. 2(532 of the Revisal. The following issues were submitted; 1. Was the 20 sacks of rice meal delivered to Atlantic Coast Line Railroad Company on 13 March, as alleged? Answer: “Yes.” 2. If so, was the freight transported and delivered to plaintiff in a reasonable time? Answer: “No.” 3. If not, bow long was such freight delayed in delivery? Answer: “Thirty days.” 4. In what sum is…
1Opinion of the CourtEuowst, J.
Upon a first consideration of this ease we were with the plaintiffs, and thought there was no material error committed upon the trial, and in consequence a per curiam judgment was announced. Ref ore the judgment of this Court was certified down we have of our own motion re-examined the record, and find an error which we now think is of sufficient importance to require another trial.
The evidence tends to prove that plaintiffs purchased from the Carolina Rice Mills, at Goldsboro, N. C., twenty sacks of rice meal. At the request of the Carolina Rice Mills, the defendant Company placed one of its…
2Cases cited3 opinions
- Williams, Black & Co v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1885
- Fitzgerald v. Adams Express Co.Indiana Supreme Court · 1865
- State v. WilsonSupreme Court of Missouri · 1906
3Cited by6 opinions
- Fuller v. Virginia & Carolina Southern RailroadSupreme Court of North Carolina · 1939
- Bivens Bros. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1918
- Schloss v. . R. R.Supreme Court of North Carolina · 1916
- Schloss-Bear-Davis Co. v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1916
- Bank v. . R. R.Supreme Court of North Carolina · 1918
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