Legal Opinion

Hornthal v. Roanoke, Norfolk & Baltimore Steamboat Co.

Supreme Court of North Carolina

Decided September 15, 1890PublishedCited by 1 opinion

This was a civil action, tried at Fall Term, 1889, of the Superior Court of Bertie County, before Bynum, J. The plaintiff alleged that the defendant agreed, in consideration of the freight paid to it by the plaintiff, to safely convey for him from Edenton to Flag Run, on the Roanoke River, certain goods of the value of $346.05; that defendant had failed to do so, and that the same were wholly lost to plaintiff.

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This was a civil action, tried at Fall Term, 1889, of the Superior Court of Bertie County, before Bynum, J. The plaintiff alleged that the defendant agreed, in consideration of the freight paid to it by the plaintiff, to safely convey for him from Edenton to Flag Run, on the Roanoke River, certain goods of the value of $346.05; that defendant had failed to do so, and that the same were wholly lost to plaintiff. The defendant admitted receiving the goods for shipment at Edenton on the 11th of October, 1884, and that they were not delivered at Flag Run, but denied the right of plaintiff to…

1Opinion of the Court

Avery,

after stating the facts: His Honor, in his charge to the jury, seems to have properly assumed that, by force of the contract contained in the bill of lading, the defendant company was discharged from liability as an insurer, and became responsible only f u’' ordinary neglect, in case the goods received should be destroyed by fire on land or water before delivered at Flag Run. Lee v. Railroad, 72 N. C., 236, It necessarily follows, therefore, that any testimony tending to show that the company was not negligent in handling or taking care of the plaintiff’s goods while in transitu was…

2Cases cited1 opinion

  1. Lee v. . Raleigh Gaston Railroad Co.Supreme Court of North Carolina · 1875

3Cited by1 opinion

  1. Johnson v. West Jersey & Seashore RailroadSupreme Court of New Jersey · 1909

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