Elliott v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at the January Term, 1911, of McDowell. The facts are sufficiently stated in the opinion of Mr. Justice Walker.
1Opinion of the CourtWalker, J.
This action was brought to recover a penalty, under Revisal, sec. 2632, for delay by defendant in transporting a car load of chestnut wood from G-lenwood, N. C., to the United States leather Company at Old Fort, N. C. The shipment was made under an open bill of lading, but the contract between the plaintiff and the consignee, United States Leather Company, provided that the wood was not to be paid for until it had been “received, inspected and weighed” at Old Fort, and of this stipulation the defendant had no notice. By consent of the parties, the judge found the facts and held that plaintiff…
2Cases cited11 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Grocery Co. v. Railroad Co.Supreme Court of North Carolina · 1904
- Rollins v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1907
- Cardwell v. Southern Railway Co.Supreme Court of North Carolina · 1907
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3Cited by3 opinions
- United States v. One 1955 Model Ford 2 Door Victoria AutomobileDistrict Court, E.D. North Carolina · 1957
- United States v. One 1956 Model Ford 2-Door Customline AutomobileDistrict Court, E.D. North Carolina · 1957
- United States v. One 1957 Model Chevrolet One-Half Ton Pickup TruckDistrict Court, E.D. North Carolina · 1957