Legal Opinion

Lyman v. Southern Railway Co.

Supreme Court of North Carolina

Decided June 2, 1903PublishedCited by 8 opinions

ActioN by T. B. Lyman against the Southern Railway Company, heard by Judge M. H. Justice, at March Term, 1902, of the Superior Court of Buncombe County. From a judgment for the defendant, the plaintiff appealed.

1Opinion of the CourtConnor, J.

This action is prosecuted by the plaintiff for the recovery of the value of certain personal property in the warehouse of the defendant at Asheville, N. C., destroyed by fire on October 27, 1894. “The plaintiff did not contend that the defendant was liable as a common carrier, but sought to hold it liable as warehouseman.” The material facts, proved by the plaintiff and for the purpose of the decision of the case, taken to be true, are:

The plaintiff delivered to the defendant at Ealeigh, N. C., on October 12, 1894, the property (destroyed as above stated) for shipment to Asheville, N. C.,…

2Cases cited3 opinions

  1. Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  2. Daniel v. Petersburg RailroadSupreme Court of North Carolina · 1895
  3. Hodges v. . HodgesSupreme Court of North Carolina · 1890

3Cited by8 opinions

  1. Daniel v. . R. R.Supreme Court of North Carolina · 1895
  2. Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
  3. Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1924
  4. Plummer v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1918
  5. Harrison County v. State Savings BankSupreme Court of Iowa · 1905

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