Newberry v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from 0. H. Allen, J., at February Term, 1912, of DupliN. Civil action to recover damages for breach of contract.
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Appeal by defendant from 0. H. Allen, J., at February Term, 1912, of DupliN. Civil action to recover damages for breach of contract. There was allegation, with evidence on part of plaintiff tending to show, that he was the proprietor of a traveling troupe, known as the Hallie Mack Show,' and had procured a special passenger car for his actors, and, being at Weldon, N. C., on or about 6 June, 1910, he made a contract with defendant’s transportation agent, a Mr. Bodwell, that he was to be supplied with a baggage car of certain dimensions, with doors open at both ends, for the transportation of…
1Opinion of the CourtHoke, J.
There was evidence on the part of the defendant tending to show that the contract was different from that declared on by plaintiff and that same was made with one E. C. Carter, the local passenger agent at Weldon, and further that 0. B. Rodwell, with whom plaintiff testified the contract was made as defendant’s “transportation agent,” was only the local freight agent and yardmaster at Weldon, and on this testimony, in either aspect of it, we think the defendant is entitled to a new trial of the issues on the first cause of action.
On authority, these local railroad agents, whether passenger or…
2Cases cited12 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Gooding v. . MooreSupreme Court of North Carolina · 1909
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chesson v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
- In re Appeal of IBM Credit Corp.Court of Appeals of North Carolina · 2012
- Newbury v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- Kimbrough v. . R. R.Supreme Court of North Carolina · 1921
- Kimbrough v. HinesSupreme Court of North Carolina · 1921
1 more not listed; retrieve them via the Exa API.