Hilliard v. Wilmington & Weldon Rail Road
Supreme Court of North Carolina
Action on the case, tried before Caldwell, J., at the Pall Term, 1858, of Hash Superior Court. The plaintiff delivered to the agent of the defendant at their station, at 'Weldon, some bacon, to be earned on the road to the station at Battleboro’. It was carried in due time, and, on its arrival, it was taken from the cars and stored in the ■company’s ware-house and locked up, and during the night following, seven pieces of it were stolen from the ware-house, of the value of…
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Action on the case, tried before Caldwell, J., at the Pall Term, 1858, of Hash Superior Court. The plaintiff delivered to the agent of the defendant at their station, at 'Weldon, some bacon, to be earned on the road to the station at Battleboro’. It was carried in due time, and, on its arrival, it was taken from the cars and stored in the ■company’s ware-house and locked up, and during the night following, seven pieces of it were stolen from the ware-house, of the value of $25,90. The plaintiff resided sixteen miles from the road. The action is case against the defendant as a common carrier,…
1Opinion of the CourtRuffin, J.
It is plain that the new, and important class of carriers, rail-roads, have a peculiarity, which renders some of the rules of law, respecting the obligations of common carriers. touching the delivery of the goods carried, inapplicable. They have the power and duty of carrying on their roads, and the contract is to carry on the road, and, therefore, it cannot be understood that they are to deliver the goods at any place off the road. Uo doubt the responsibility, as carrier, begins with the receipt of the things at the station, unless the transportation be delayed by the order of the owner.…
2Cited by4 opinions
- Kindley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
- Brooks Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Stone v. Steamship Co.Supreme Court of North Carolina · 1905
- Young v. . R. R.Supreme Court of North Carolina · 1895