Powell v. Hines
Supreme Court of North Carolina
Appeal by plaintiff from Guión, J., at tbe April Term, 1920, of Columbus. Tbis is an action to recover tbe value of certain baggage.
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Appeal by plaintiff from Guión, J., at tbe April Term, 1920, of Columbus. Tbis is an action to recover tbe value of certain baggage. Tbe plaintiff was a passenger on tbe railroad, wbicb was in tbe management of tbe Director General of Railroads, on a trip from Durham, N. 0., to Cbadbourn, N. C. Sbe arrived at Cbadbourn witb ber suitcase, and there, in some manner unknown, and while in tbe possession of tbe railroad owned by tbe Atlantic Coast Line Railroad Company, it was lost, and it is admitted that tbe suitcase and contents were worth $320.5'!. Tbe defense set up by tbe defendants was that…
1Opinion of the Court
Pee Cubiam..'The authority of tbe Director General to promulgate tbe order limiting tbe recovery for loss of baggage to $100 on intrastate as well as interstate transactions is fully sustained by No. Poe R. R. v. North Dakota, 250 U. S., 135, and that tbe plaintiff is entitled to judgment against tbe railroad for $100 is decided at tbis term in McGovern & Co. v. R. R., and cases there cited.
Tbe plaintiff will pay tbe costs of tbe Director General in tbis Court, and will recover all other costs of tbe railroad.
Modified and affirmed.
2Cases cited1 opinion
- Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
3Cited by2 opinions
- McConnell v. PayneTexas Commission of Appeals · 1924
- Hines v. BurnettSupreme Court of Virginia · 1921