Legal Opinion

Hallman v. Southern Railway Co.

Supreme Court of North Carolina

Decided May 19, 1915PublishedCited by 6 opinions

Appeal by both parties from Long, J., at November Term, 1914, of Catawba. Action to recover damages, the plaintiff alleging that he bought a ticket from the agent of the defendant at Hickory on 18 August, 1913, for Winston-Salem by Barber’s Junction, and that the ¿gent guaranteed the connection at said junction; that he failed to make said connection, and after leaving said junction was wrongfully ejected from the train. These allegations were denied by the defendant.

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Appeal by both parties from Long, J., at November Term, 1914, of Catawba. Action to recover damages, the plaintiff alleging that he bought a ticket from the agent of the defendant at Hickory on 18 August, 1913, for Winston-Salem by Barber’s Junction, and that the ¿gent guaranteed the connection at said junction; that he failed to make said connection, and after leaving said junction was wrongfully ejected from the train. These allegations were denied by the defendant. The plaintiff offered evidence tending to prove that on 18 August, 1913, he went to the office of the defendant at Hickory and…

1Opinion of the CourtAlleN, J.

There is authority sustaining tbe contention of tbe plaintiff, that an agent of a common carrier, authorized to sell tickets, has an implied authority to guarantee connection (Foster v. R. R., 56 Fla., 435; Hayes v. R. R., 31 L. R. A. (N. S.), 229), and also authority in support of tbe position, of tbe defendant that a contract of this character is unlawful because it does not afford equal opportunities and advantages to all of tbe patrons of tbe common carrier (R. R. v. Kirby, 225 U. S., 155); but it is not necessary for us to pass upon these questions, as in our opinion no error was…

2Cases cited6 opinions

  1. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
  2. Harvey v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
  3. Howland v. State ex rel. ZirklebachSupreme Court of Florida · 1908
  4. MacE v. . R. R.Supreme Court of North Carolina · 1909
  5. Norman v. East Carolina Railway Co.Supreme Court of North Carolina · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Plemmons v. MurpheySupreme Court of North Carolina · 1918
  2. MacE v. . R. R.Supreme Court of North Carolina · 1909
  3. Sawyer v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
  4. Blaylock v. Southern Railway Co.Supreme Court of North Carolina · 1919
  5. Creech v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917

1 more not listed; retrieve them via the Exa API.

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