Anderson v. American Railway Express Co.
Supreme Court of North Carolina
Appeal from Bryson, J., at Fall Term, 1923, of Olay. Tbe plaintiff, in Olay County, N. 0., in February, 1922, killed and dressed a bog, weighing 595 pounds, and on tbe next day delivered it to tbe defendant express company to be shipped to Dr. Outts, president of Willingham School, at Blue Ridge, Ga.
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Appeal from Bryson, J., at Fall Term, 1923, of Olay. Tbe plaintiff, in Olay County, N. 0., in February, 1922, killed and dressed a bog, weighing 595 pounds, and on tbe next day delivered it to tbe defendant express company to be shipped to Dr. Outts, president of Willingham School, at Blue Ridge, Ga. Tbe evidence is tbat tbe bog was loaded on a wagon on tbe evening of tbe 15th and allowed to remain out all night, tbe weather being very cold, and was started next morning about sunrise to Murphy, and delivered tbat morning to tbe defendant, who accepted tbe shipment. On its arrival at Blue…
1ConcurrenceAdams, J.
When goods are delivered to a common carrier for transportation on an open bill of lading, the presumption is that the title to the goods passes to the consignee. In such case, if there is no restrictive condition, he, and not the consignor, is the aggrieved party, in whose name a suit for loss or damage must be brought. Ober v. Smith, 78 N. C., 313; Gwyn v. R. R., 85 N. C., 430; Stone v. R. R., 144 N. C., 220; Mfg. Co. v. R. R., 149 N. C., 261; Buggy Corporation v. R. R., 152 N. C., 119; Ellington v. R. R., 170 N. C., 36. But it is open to the consignor to show his right to institute and main*174…
2Cases cited11 opinions
- Savannah, Florida & Western Railway Co. v. Commercial Guano Co.Supreme Court of Georgia · 1898
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Rollins v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1907
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