Kime v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Daniels, J., at May Term, 1911, of Alamaece. Tbis is an action to recover damages for injury to stock transported by the defendant railroad.
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Appeal from Daniels, J., at May Term, 1911, of Alamaece. Tbis is an action to recover damages for injury to stock transported by the defendant railroad. The plaintiff offered evidence tending to prove that twenty-one borses and three mules were received by the defendant from a connecting common carrier, and that they were carried in an old stock car which had been worked over; that the ventilating windows and doors were closed >up tightly with slats and the car rendered almost air-tight, being without ventilation and unsuitable and unfit for the transportation of live stock; and that they…
1Opinion of the CourtAlleh, J.
Tbe ruling of tbe learned judge, before wbom tbis case was tried, granting tbe motion of tbe defendant for judgment upon tbe verdict, is based upon tbe answer to tbe third issue, be being of opinion tbat tbe failure of tbe plaintiff to give notice to defendant of tbe injury to tbe stock is fatal to bis right of action.
He correctly held, in accordance witb our authorities, tbat tbe provision in tbe bill of lading requiring notice was valid, and tbat tbe failure to give written notice would not prevent a recovery by tbe plaintiff, if tbe agent of tbe defendant knew of tbe injury to tbe borses…
2Cases cited4 opinions
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Austin v. . R. R.Supreme Court of North Carolina · 1909
- Jones-Lane Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
3Cited by8 opinions
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1912
- Baldwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Mewborn v. . R. R.Supreme Court of North Carolina · 1915
- Taft v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
- Wilkins v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
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