Legal Opinion

Keeter v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided February 5, 1882PublishedCited by 22 opinions

Civil ActioN tried at Fall Term, 1881, of Halifax Superior Court, upon the following case agreed, before Gilmer, J. On Friday, the sixth day of the week, being the 24th day of December, 1880, the plaintiff delivered at the depot of the defendant in the town of Halifax, one bale of cotton for shipment to W. W. Gwathmey &Oo., merchants in Norfolk, Virginia, which bale of cotton was so received by the defendant for shipment as aforesaid.

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Civil ActioN tried at Fall Term, 1881, of Halifax Superior Court, upon the following case agreed, before Gilmer, J. On Friday, the sixth day of the week, being the 24th day of December, 1880, the plaintiff delivered at the depot of the defendant in the town of Halifax, one bale of cotton for shipment to W. W. Gwathmey &Oo., merchants in Norfolk, Virginia, which bale of cotton was so received by the defendant for shipment as aforesaid. Owing to the large accumulation of freight at its depot at Halifax, and the inability of the defendant company to provide the necessary number of cars for…

1Opinion of the CourtAshe, J.

The plaintiff sued for the penalty of twenty-five dollars incurred by the defendant under the act of 1874-75, ch. 240, for allowing a bale of cotton belonging to plaintiff to remain'unshipped for one day over five days, from the date of the delivery for shipment. The action is brought under the 2nd section of the act, which provides, that “ it shall be unlawful for any railroad company operating in this state to allow any freight they may receive for shipment, to remain unshipped for more than five days, unless otherwise agreed between the railroad company and the shipper, and any company…

2Cases cited1 opinion

  1. Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877

3Cited by22 opinions

  1. Sutton v. . PhillipsSupreme Court of North Carolina · 1895
  2. Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
  3. Atlantic Coast Line Railroad v. Florida Fine Fruit Co.Supreme Court of Florida · 1927
  4. Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
  5. Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909

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