Perry v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from -Lyon, Jand a jury, at October Term, 1915, of YaNOe. Civil action to recover damages for the loss of certain wearing apparel. The plaintiff alleges that the defendant i.s liable as .a carrier of baggage, and, if not, that the wearing apparel was lost by reason of the negligence of the defendant. The defendant denies that the wearing apparel was ever delivered to it and also denies any liability to the plaintiff.
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Appeal by defendant from -Lyon, Jand a jury, at October Term, 1915, of YaNOe. Civil action to recover damages for the loss of certain wearing apparel. The plaintiff alleges that the defendant i.s liable as .a carrier of baggage, and, if not, that the wearing apparel was lost by reason of the negligence of the defendant. The defendant denies that the wearing apparel was ever delivered to it and also denies any liability to the plaintiff. The plaintiff introduced evidence tending to prove that on 3 December, 1913, he bought a ticket of the Southern Railway Company and checked his suitcase from…
1Opinion of the CourtAlleN, J.
Tbe cause of action of tbe plaintiff is founded upon tbe allegation that tbe wearing apparel, wbicb be contends was lost by tbe negligence of tbe defendant, tbe Seaboard Railway, was in tbe suitcase of tbe plaintiff at tbe time it was delivered to tbe defendant, and tbis allegation is denied.
Tbis raised an issue for tbe determination of tbe jury, and tbe evidence of tbe plaintiff, circumstantial in character, is not so clear as to free tbe question from doubt and to withdraw it from tbe realm of debate.
Tbe evidence tends to prove that tbe suitcase was carried from Golds-boro to Raleigh in tbe…
2Cases cited16 opinions
- Hanes v. ShapiroSupreme Court of North Carolina · 1915
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Yazoo & Mississippi Valley Railroad v. HughesMississippi Supreme Court · 1908
- Hackney v. PerrySupreme Court of Alabama · 1907
- Bennett v. O'BrienIllinois Supreme Court · 1865
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3Cited by4 opinions
- National Broadcasting Co. v. RoseSupreme Court of Connecticut · 1965
- Hanes v. . ShapiroSupreme Court of North Carolina · 1915
- Beck v. Carolina Power and Light Co.Court of Appeals of North Carolina · 1982
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