Bell v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendant from Long, J., at Spring Term, 1913, OÍ OüRRITUCK. Tbis action was brought originally against the receivers of the Norfolk Southern Railway, and when the receivership was terminated, the Norfolk Southern Railroad Company was made a party defendant. The properties of the Norfolk Southern Railway were sold by the receivers, under an order of the Circuit Court of the United States, and the Norfolk Southern Railroad Company became the purchaser.
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Appeal by defendant from Long, J., at Spring Term, 1913, OÍ OüRRITUCK. Tbis action was brought originally against the receivers of the Norfolk Southern Railway, and when the receivership was terminated, the Norfolk Southern Railroad Company was made a party defendant. The properties of the Norfolk Southern Railway were sold by the receivers, under an order of the Circuit Court of the United States, and the Norfolk Southern Railroad Company became the purchaser. The decree confirming the sale contains, among others, the following provisions: “The purchaser or purchasers shall, as a part of the…
1Opinion of the Court
BeowN, J.,
after stating the case: The defendants assign thirteen errors, but these present only three questions:
1. Is the defendant the Norfolk Southern Eailroad Company liable for the tort of the receivers?
2. Was it the duty of the.defendants to furnish the cars on a verbal demand?
3. Are the defendants liable for not furnishing cars for. the shipment of the piling not actually placed on defendant’s right of way?
We are of opinion that each of these questions must be answered in the affirmative.
The first question is disposed of by our decision in Lassiter v. R. R., ante, 19. In addition to…
2Cases cited4 opinions
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
- Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Ethridge v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911
- Waugh v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1910
3Cited by3 opinions
- Montgomery Ward & Co. v. Northern Pacific Terminal Co.District Court, D. Oregon · 1953
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Brown v. . PayneSupreme Court of North Carolina · 1921