Forrester v. Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Ferguson-, Jand a jury, at January Term, 1908, of "Wilices. Tbis action is to recover damages growing out of a shipment of dried apples from Wilkesboro, N. 0., to Richmond, Va. The court submitted this issue, without objection or exception: “AYhat damage, if any, is plaintiff entitled to recover of the defendant?” Answer: “One hundred and eighty-four dollars and forty-seven cents.” From tbe judgment rendered tbe defendant appealed.
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ActioN tried before Ferguson-, Jand a jury, at January Term, 1908, of "Wilices. Tbis action is to recover damages growing out of a shipment of dried apples from Wilkesboro, N. 0., to Richmond, Va. The court submitted this issue, without objection or exception: “AYhat damage, if any, is plaintiff entitled to recover of the defendant?” Answer: “One hundred and eighty-four dollars and forty-seven cents.” From tbe judgment rendered tbe defendant appealed. Tbe facts are stated in tbe opinion:
1Opinion of the CourtBbowN, J.
AYe need only consider tbe question of damage raised by tbe refusal of tbe court to give defendant’s prayers for instruction: “1. That tbe plaintiff was not entitled to recover any sum other tban nominal damages. 2. That plaintiff was not entitled to recover any sum save tbe interest on tbe difference between tbe value of tbe fruit at AYilkesboro and tbe value at Richmond for tbe period elapsing incident to tbe delay in settlement.” AYe fully agree with tbe learned counsel for defendant that, where goods are tendered to a common carrier for shipment and tbe latter fails to ship and tbe…
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