Phillips v. North Carolina Rail-Road
Supreme Court of North Carolina
Civil Actior for Damages, tried at Spring Term, 1877, of' Wake Superior Court, before Buxton, J. On the 31st of January, 1872, the plaintiff being about to remove to the State of Louisiana, delivered to the defendant’s agent at Raleigh, a bale of goods, and took from the agent a receipt in these words ; Marks, &e. Receipt for Goods. “North Carolina R. R. Raleigh Station, Jan. 31st, 1872. Received from A. Gr.
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Civil Actior for Damages, tried at Spring Term, 1877, of' Wake Superior Court, before Buxton, J. On the 31st of January, 1872, the plaintiff being about to remove to the State of Louisiana, delivered to the defendant’s agent at Raleigh, a bale of goods, and took from the agent a receipt in these words ; Marks, &e. Receipt for Goods. “North Carolina R. R. Raleigh Station, Jan. 31st, 1872. Received from A. Gr. Lee & Co. to be laden on the freight cars 1 Bale bedding, &c., J. F. Phillips, Monroe, La., marks, &c., as per mai’gin, which are to be delivered (condition of contents unknown) to-or…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) Two ■questions are presented upon this statement of facts for our determination:—
I. Has the defendant legal capacity to enter into a contract for the transportation of goods over its road and to places beyond and outside the limits of the State ?
We bold that a Rail-road not disabled by the provisions of the Act of incorporation, is competent to make such contract and assume the responsibility of a common carrier over the entire route, from the place of receiving to that of the delivery of freight. This power is necessary to the usefulness of roads and the…
2Cases cited2 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Dixon v. . R. R.Supreme Court of North Carolina · 1876
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- Meredith v. RailroadSupreme Court of North Carolina · 1905
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Knott v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1887
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