Brown v. . Payne
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at September Term, 1920, of EowaN. Civil action to recover of defendant, as a common carrier, (1) damages for tbe loss of a carload of lumber belonging to plaintiffs; and (2) for an alleged negligent burning of same. Plaintiffs, wbo are lumber dealers, undertook to sbip some lumber from Elmwood, N. 0., to tbe Danville Lumber Company, Danville, Ya., in tbe summer of 1918, over tbe defendant’s railroad.
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Appeal by defendant from Lane, J., at September Term, 1920, of EowaN. Civil action to recover of defendant, as a common carrier, (1) damages for tbe loss of a carload of lumber belonging to plaintiffs; and (2) for an alleged negligent burning of same. Plaintiffs, wbo are lumber dealers, undertook to sbip some lumber from Elmwood, N. 0., to tbe Danville Lumber Company, Danville, Ya., in tbe summer of 1918, over tbe defendant’s railroad. Tbe particular property in controversy, wbicb was destroyed by fire, was placed and stacked on tbe defendant’s right of way, where it remained for a month or…
1Opinion of the CourtStacy, J.
Upon the record, we think the first issue should have been submitted to the jury under a different instruction. The liability of a common carrier of goods, as carrier, attaches only after acceptance and receipt of freight by it for shipment. Basnight v. R. R., 111 N. C., 592; Wells v. R. R.. 51 N. C. 47; 10 C. J.. 231.
The ease of Bell v. R. R., 163 N. C., 180, chiefly relied on by plaintiffs, was an action against tbe railroad for failure to furnish cars within a reasonable time as required by the statute. But the suit at bar is not to recover the statutory penalty for failure to make…
2Cases cited3 opinions
- Basnight v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1892
- Wells v. . Wilmington Weldon R. R. Co.Supreme Court of North Carolina · 1858
- Bell v. Norfolk Southern RailroadSupreme Court of North Carolina · 1913