Washington Horse Exchange v. L. & N. Railroad
Supreme Court of North Carolina
Appeal by defendant from Cooke, Jat October Term, 1915, of Beaufobt. The plaintiff sued to recover damages for injuries to borses and mules shipped by it from East St. Louis, in the State of Illinois, to Washington, N. C., over the defendant’s line of railway, the Norfolk Southern Railroad, and the lines of intermediate carriers. There were two shipments.
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Appeal by defendant from Cooke, Jat October Term, 1915, of Beaufobt. The plaintiff sued to recover damages for injuries to borses and mules shipped by it from East St. Louis, in the State of Illinois, to Washington, N. C., over the defendant’s line of railway, the Norfolk Southern Railroad, and the lines of intermediate carriers. There were two shipments. One, consisting of twenty-six horses and twenty-six mules, was made on 2 January, 1912, and the other, consisting of twenty-two horses and four mules, on 18. January, 1912. Plaintiff alleged that some of the animals were either killed or…
1Opinion of the Court
Walker, J.,
after stating the case: First. While the charge of the court in this case was not as full or a.s explicit as it might have been, it was sufficiently clear for the jury to understand what was the rule of *70law as to tbe liability of defendant for negligence, and it gave tbe defendant tbe benefit of any finding that tbe injury to tbe animals was due not to defendant’s negligence, but solely to tbe condition of tbe weather. We discu.ssed fully, in Kime v. R. R., 160 N. C., 457, tbe duty and responsibility of a carrier by rail with respect to tbe selection of a suitable car, and also…
2Cases cited19 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
- Merchants & Miners' Transportation Co. v. EichbergCourt of Appeals of Maryland · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- King v. HigginsSupreme Court of North Carolina · 1967
- Ruebel Bros. v. American Express Co.Supreme Court of Iowa · 1920
- Bryan v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1917
- White v. Southern Ry. Co.Supreme Court of South Carolina · 1946
3 more not listed; retrieve them via the Exa API.