Virginia-Carolina Peanut Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Peebles, J., at tbe December Term, 1910, of MARTIN. Tbe action was to recover damages for negligent delay on tbe part of tbe defendant company in conveying a lot of macbinery shipped over defendant’s road.
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Appeal from Peebles, J., at tbe December Term, 1910, of MARTIN. Tbe action was to recover damages for negligent delay on tbe part of tbe defendant company in conveying a lot of macbinery shipped over defendant’s road. On tbe trial it appeared tbat plaintiff was a corporation doing a general business in manufacturing and cleaning of peanuts, at Williamston, N. C., and tbat in tbe latter part of August, 1907, Eli Gurganus, acting for said company, but without having informed tbe company of this fact, so far as the evidence shows, ordered from tbe Appomattox Iron Works, at Petersburg, Ya., a…
1Opinion of the Court
Horas, J.,
after stating the case. In Harper v. Express Co., 148 N. C., pp. 87-90, tbe Court, in speaking to the question of damages, recoverable by reason of wrongful delay in shipment of goods, said: “Where the goods shipped have a market value, and there is nothing to indicate the specific purpose for which they were ordered, these damages are irsually the difference in tbe market value of tbe goods at the time for delivery, and that when they were in fact delivered. We have so held in the case of Davidson Development Co. v. R. R., 147 N. C., 503, and Lee v. R. R., 136 N. C., 533, is to the…
2Cases cited2 opinions
- Davidson Development Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Lee v. RailroadSupreme Court of North Carolina · 1904
3Cited by10 opinions
- State v. SpauldingSupreme Court of North Carolina · 1979
- Daniel v. . R. R.Supreme Court of North Carolina · 1895
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Johnson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1922
- Parker v. . R. R.Supreme Court of North Carolina · 1903
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