Citizens & Marine Bank v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from W. J. Adams, J., at tbe March Term, 1910, of Dueham. This action was brought to recover damages for the negligent failure to transport and deliver a certain carload of corn, and for negligently failing to take proper care of the corn while in the custody of the defendant, whereby it became overheated and unfit for use.
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Appeal from W. J. Adams, J., at tbe March Term, 1910, of Dueham. This action was brought to recover damages for the negligent failure to transport and deliver a certain carload of corn, and for negligently failing to take proper care of the corn while in the custody of the defendant, whereby it became overheated and unfit for use. The corn was sold by the Dabney Brokerage Company of Newport News, Ya., to the Carolina Boiler Mills of Durham, N. C., and was shipped over the defendant’s line to Durham. The brokerage company drew a draft on the roller mills for the price of the corn, with bill of…
1Opinion of the Court
Walker, J.,
after stating tbe case. Tbe jury have found that the plaintiff is tbe bolder for value and tbe owner of the draft and bill of lading, and we do not see why it is necessary that it should be a bolder in due course, as contended by counsel, to entitle it to recover damages for injury to tbe corn caused by tbe negligence of the defendant. Hutchinson on Carriers (3 Ed.), secs. 197, 198 and 1320; Hale on Bailments and Carriers, secs. 123, 124. Tbe carrier asserted no equity or other bind of defense against tbe brokerage company which required that the plaintiff should be a bolder in due…
2Cases cited3 opinions
- Tyson v. Joyner.Supreme Court of North Carolina · 1905
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
- Poythress v. Durham & Southern Railway Co.Supreme Court of North Carolina · 1908
3Cited by4 opinions
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919
- Norfolk Southern Railroad v. Armfield Co.Supreme Court of North Carolina · 1925
- Jeans v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- State v. FisherSupreme Court of North Carolina · 1913