Branch v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil Action tried on appeal from a Justice of the Peace at Spring Term, 1877, of Wilson Superior Court, before Moore, J. ■ On tbe 10th of October, 1876, the plaintiff delivered to defendant company at its depot in the town of Black Creek, Wilson County, thirty-one bales of cotton to be shipped to Norfolk, Virginia, and at the same time the defendant gave to the plaintiff' a bill of lading for the cotton, signed by the agent of the company..
Read the full summary
Civil Action tried on appeal from a Justice of the Peace at Spring Term, 1877, of Wilson Superior Court, before Moore, J. ■ On tbe 10th of October, 1876, the plaintiff delivered to defendant company at its depot in the town of Black Creek, Wilson County, thirty-one bales of cotton to be shipped to Norfolk, Virginia, and at the same time the defendant gave to the plaintiff' a bill of lading for the cotton, signed by the agent of the company.. The plaintiff did not tender payment of freight, nor was it demanded, nor was it the custom for shippers to prepay freight, nor was there any agreement…
1Opinion of the CourtRodmaN, J.
1. The recent decisions in the Supreme Court of the United States in what have- been called the “ Granger Cases ” (not yet officially reported but which will probably be found in 94 U. S. Reports) enable us to put our decision in this case upon a principle, not only satisfactory as being reasonable and just, but which, as being established by a judgment of the Court of final resort having jurisdiction of the question, must be taken as beyond controversy.
The principle is this ; “ "When private property is devoted to a public use, it is subject to public regulations.” And this is more…
2Cases cited3 opinions
- O'Connor v. TownsTexas Supreme Court · 1846
- Brooks v. MinturnCalifornia Supreme Court · 1851
- Collier v. SwinneySupreme Court of Missouri · 1852
3Cited by41 opinions
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Meredith v. RailroadSupreme Court of North Carolina · 1905
- Purcell v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
36 more not listed; retrieve them via the Exa API.