Cunningham v. Railroad
Supreme Court of North Carolina
ActioN by Danson Cunningham and others against the Seaboard Air Line Railway, heard by Judge Walter H. Neal and a jury, at the September Term, 1905, of the Superior Court of Wake County. This action was instituted by the plaintiffs, residents of Liverpool, England, for the recovery of the value of 500 bales of cotton alleged to have been burned by the negligence of the defendant.
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ActioN by Danson Cunningham and others against the Seaboard Air Line Railway, heard by Judge Walter H. Neal and a jury, at the September Term, 1905, of the Superior Court of Wake County. This action was instituted by the plaintiffs, residents of Liverpool, England, for the recovery of the value of 500 bales of cotton alleged to have been burned by the negligence of the defendant. Two causes of action were set out in the complaint, but at the trial the plaintiffs withdrew all claim by reason of the first cause. The defendant denied that plaintiffs were the owners of the cotton or that the same…
1Opinion of the Court
CoNNOR, J.,
after stating tbe case: Tbe first issue having been found for tbe plaintiffs, we are brought to a consideration of tbe plaintiffs’ exceptions to His Honor’s rulings upon questions pertaining to tbe second issue. Tbe plaintiffs tendered certain issues which His Honor declined to submit, and they excepted. We think that the issues submitted fairly presented to tbe jury tbe controverted questions of fact. Criticism is made of tbe form of tbe second issue, but as the jury were practically instructed bow to answer it, tbe form becomes immaterial. Tbe defendant took the depositions of…
2Cases cited6 opinions
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Mills v. Merchants' Cotton-Press Co.Tennessee Supreme Court · 1890
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Hammond v. SchiffSupreme Court of North Carolina · 1888
- Insurance Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- American Fidelity & Casualty Co., Inc. v. All American Bus Lines, IncCourt of Appeals for the Tenth Circuit · 1950
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Underwood v. . DooleySupreme Court of North Carolina · 1929
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
- Powell v. . Water Co.Supreme Court of North Carolina · 1916
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