Daniel v. Petersburg Railroad
Supreme Court of North Carolina
This was a civil aottoN, tried before his Honor Judge Mclver, and a jury, at May Term, 1895, of Halifax Superior Court, to recover damages for the killing of plaintiff’s intestate by one John E. Lifsey, agent for defendant, at Garysburg, N. C. The following issues were submitted to the jury by consent of counsel : 1. Hid defendant wrongfully kill Key through its agent, Lifsey '( 2 What damage has the plaintiff sustained by reason of said killing Í It appeared in evidence…
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This was a civil aottoN, tried before his Honor Judge Mclver, and a jury, at May Term, 1895, of Halifax Superior Court, to recover damages for the killing of plaintiff’s intestate by one John E. Lifsey, agent for defendant, at Garysburg, N. C. The following issues were submitted to the jury by consent of counsel : 1. Hid defendant wrongfully kill Key through its agent, Lifsey '( 2 What damage has the plaintiff sustained by reason of said killing Í It appeared in evidence that the deceased (the intestate of plaintiff) having a pass (issued for valuable consideration) was a passenger on the…
1Opinion of the Court
Faircloth, C. J.:
When the plaintiff’s intestate purchased his ticket at Petersburg and had his baggage checked to Garysburg, the contract for their safe delivery at the latter place was complete. The passenger’s exit from the train at Bellfield discharged the contract as to him as a passenger, and we have only to consider the duties and liabilities of the parties as to the baggage, consisting of two trunks. The contract as to the baggage, however, continued to the point of delivery and until the delivery was made.
Common carriers are insurers, subject to a few reasonable exceptions. They are…
2Cases cited2 opinions
- Sparhawk v. YerkesSupreme Court of the United States · 1891
- Hussey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
3Cited by19 opinions
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Palmer v. Winston-Salem Railway & Electric Co.Supreme Court of North Carolina · 1902
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
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