Kime v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Carter, J., at May Term, 1912, of ALAMANCE. The plaintiff brought this action to recover damages for negligent injuries alleged to have been done to certain horses and mules belonging to plaintiff while in transit from Richmond, Va., to Burlington, N. C., and states in his complaint two grounds of actionable negligence on the part of the defendant company:' First, for receiving from its connecting carrier a car loaded with live stock which was unfit…
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Appeal by defendant from Carter, J., at May Term, 1912, of ALAMANCE. The plaintiff brought this action to recover damages for negligent injuries alleged to have been done to certain horses and mules belonging to plaintiff while in transit from Richmond, Va., to Burlington, N. C., and states in his complaint two grounds of actionable negligence on the part of the defendant company:' First, for receiving from its connecting carrier a car loaded with live stock which was unfit and unsuitable for the shipment of such stock, without proper inspection; and, second and principally, for its careless…
1Opinion of the Court
Walkee, J.,
after stating the case: This cause was before us at a former term, and is reported in 156 N. 0., 451.. The case as now presented to us is not substantially different from the one which was here on the first appeal, though the facts have been more fully developed. The defendant argues, because the car, in the same condition as when it arrived at Burlington, was received by it from a connecting' carrier at Richmond, Ya., in the course of transit from the initial point to its destination at Burlington, N. 0., that it was relieved of any duty of care, and exempted from any liability…
2Cases cited15 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Hinkle v. . R. R.Supreme Court of North Carolina · 1900
- Capehart v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1879
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3Cited by10 opinions
- Hinkle v. . R. R.Supreme Court of North Carolina · 1900
- Baldwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Taft v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
- Washington Horse Exchange v. L. & N. RailroadSupreme Court of North Carolina · 1916
- E. H. Emery & Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1919
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