Twitty v. Southern Railway Co.
Supreme Court of North Carolina
ActioN by R. M. Twitty against Southern Railway Co., heard by Judge O. H. Allen, at the February Term, 1906, of the Superior Court of EutheRRORD, upou the following agreed facts: 1. This was an action instituted by plaintiff in the court of H. S. Taylor, justice of tbe peace in Eutherfordton, N..
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ActioN by R. M. Twitty against Southern Railway Co., heard by Judge O. H. Allen, at the February Term, 1906, of the Superior Court of EutheRRORD, upou the following agreed facts: 1. This was an action instituted by plaintiff in the court of H. S. Taylor, justice of tbe peace in Eutherfordton, N.. C., on the 31st day of January, 1905, for the recovery of four days’ penalties at fifty dollars per day, aggregating $200.00, under the provisions of section 1964 of The Code (section 2631 of the Eevisal of 1905). 2. That on the 27th day of January, 1905, plaintiff sent one thousand pounds of cotton…
1Opinion of the CourtBrown, J.
The defendant admits its liability for negligence in the brief filed, in these words: “The defendant has never pretended that it is not liable to a penalty and does not now make any such contention.” The defendant contends that the suit was brought under the wrong statute, admitting that it is liable for the penalties denounced in section 2632. *358It is contended that there was no refusal to receive the freight for shipment.
We are of opinion upon the facts agreed that there was a refusal by the agent “to receive for transportation when tendered.” It was the duty of the agent to receive the…
2Cases cited2 opinions
- Currie v. Railroad Co.Supreme Court of North Carolina · 1904
- Carter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1901