Whitehead v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil Action begun before a justice of the peace and tried on appeal at Spring Term, 1882, of Edgecombe Superior Court, before Bennett, J. This action was brought to recover the penalty under the act of 1874-75, ch. 240, §2, for failing to ship the cotton of the plaintiffs for more than five days after its delivery to defendant company.
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Civil Action begun before a justice of the peace and tried on appeal at Spring Term, 1882, of Edgecombe Superior Court, before Bennett, J. This action was brought to recover the penalty under the act of 1874-75, ch. 240, §2, for failing to ship the cotton of the plaintiffs for more than five days after its delivery to defendant company. The act is as follows : It shall be unlawful for any railroad company operating in this state to allow any freight it may receive for shipment, to remain unshipped for more than five days, unless otherwise agreed between the company and the shipper; and any…
1Opinion of the Court
We cannot concur in the conclusion of law to which the court came, upon the facts found.
The action is brought upon a penal statute, which is always to be construed strictly in favor of those who are charged with violating its provisions. The rigid rules, therefore, of the common law with reference to the liability of common carriers, should not be applied to a case involving the violation of a penal statute.
In Branch v. R. R. Co., 77 N.C. 347, which like this was an action to recover the penalty given by the act of 1874-75, it was very clearly intimated, that the excuse of inability to…
2Cases cited4 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
- Keeter v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Capehart v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1879
3Cited by22 opinions
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Allen v. Texas & Pacific Railway Co.Texas Supreme Court · 1907
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
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