Rocky Mount Mills v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil aotioN, for damages for delay in delivery of freight, tried before Hoke, J., and a jury, at June Term, 1896, of Edgecombe Superior Court. At the call of the cause for trial the defendant, the Pennsylvania Railroad Company,moved in apt time for the dissolution of the attachment theretofore granted on the grounds stated in the motion. Before making the motion the said defendant had entered a general appearance and filed an answer.
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Civil aotioN, for damages for delay in delivery of freight, tried before Hoke, J., and a jury, at June Term, 1896, of Edgecombe Superior Court. At the call of the cause for trial the defendant, the Pennsylvania Railroad Company,moved in apt time for the dissolution of the attachment theretofore granted on the grounds stated in the motion. Before making the motion the said defendant had entered a general appearance and filed an answer. His Honor denied the motion, holding that, the defendant having entered a general appearance, the effect thereof was to place it on the same ground as if it had…
1Opinion of the Court
Faiboloth, C. J. :
The defendants are duly organized companies engaged in the business of common carriers, with their several connecting lines, with all the responsibilities and immunities attaching to the business of such carriers. Whilst we do not find it necessary to enter into the vast field of authorities and decisions defining the duties and relations of such carriers among themselves and to the public, a few general principles may be stated without citing authorities.
Common carriers are required to carry freight safely over their own lines, and make prompt delivery to the nearest…
2Cases cited4 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Phillips v. North Carolina Rail-RoadSupreme Court of North Carolina · 1878
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Roberts v. . ColeSupreme Court of North Carolina · 1880
3Cited by36 opinions
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
- Parker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
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