Legal Opinion

Lawshe v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided March 24, 1926PublishedCited by 1 opinion

1Opinion of the CourtBrogden, J.

The judgment of nonsuit presents the question: Oan the holder of an unendorsed bill of lading maintain an action against a carrier either as carrier or warehouseman for damages to the property while in its possession?

It is an elementary rule that upon a motion for nonsuit the evidence in support of plaintiff’s cause of action must: (1) be taken as true; (2) be construed in the light most favorable to plaintiff; (3) give plaintiff the benefit of every reasonable inference to be deducted from tbe evidence offered. Whittington v. Iron Co., 179 N. C., 653; Farming Co. v. R. R., 189 N. C., 66. It…

2Cases cited7 opinions

  1. Hanes v. ShapiroSupreme Court of North Carolina · 1915
  2. Motley v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1898
  3. Whittington v. Virginia Iron, Coal & Coke Co.Supreme Court of North Carolina · 1920
  4. Hosiery Mills v. . HinesSupreme Court of North Carolina · 1922
  5. Coley Farming Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1925

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3Cited by1 opinion

  1. Pacific Finance Corp. v. HendleyCalifornia Court of Appeal · 1930

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