Legal Opinion

Harrill Bros. v. Southern Railway Co.

Supreme Court of North Carolina

Decided May 14, 1907PublishedCited by 19 opinions

Civil aotioN, beard by Justice, J., at chambers in Ruth- ■ erfordton, on 10 November, 1906. - This action was brought to recover penalties under Re-visal, sec. 2633, for failure to deliver goods shipped over the defendant’s line of railway from without the State to Ruth-erfordton, in this State, after tender of the freight charges, and was heard upon a ease agreed, which is as follows: 1. The defendant is a corporation, and operates a line of its railroad through Rutherford…

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Civil aotioN, beard by Justice, J., at chambers in Ruth- ■ erfordton, on 10 November, 1906. - This action was brought to recover penalties under Re-visal, sec. 2633, for failure to deliver goods shipped over the defendant’s line of railway from without the State to Ruth-erfordton, in this State, after tender of the freight charges, and was heard upon a ease agreed, which is as follows: 1. The defendant is a corporation, and operates a line of its railroad through Rutherford County, and has a depot at Rutherfordton, in said county, and the plaintiffs are merchants in said town of…

1Opinion of the Court

Walker, J.,

after stating the case: The goods, it appears in this case, were shipped from Cincinnati, Ohio, to Ruther-fordton, in this State, over connecting lines of railway, the defendant’s line being one of them, and having arrived at the latter place and being then in the warehouse of the defendant at Rutherfordton, the plaintiffs, who were the consignees, offered to pay the freight charges, whatever they were, and demanded a delivery of the goods, which was refused by the defendant’s agent for the reason that he did not know what the freight charges were, the goods having-been delivered…

2Cases cited9 opinions

  1. County of Mobile v. KimballSupreme Court of the United States · 1881
  2. Smith v. AlabamaSupreme Court of the United States · 1888
  3. SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
  4. Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
  5. Covington & Cincinnati Bridge Co. v. KentuckySupreme Court of the United States · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
  2. Efland v. Southern Railway Co.Supreme Court of North Carolina · 1907
  3. Morris-Scarboro-Moffitt Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
  4. Hockfield v. Southern Railway Co.Supreme Court of North Carolina · 1909
  5. Reid v. Southern Railway Co.Supreme Court of North Carolina · 1908

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