Tayloe v. Old Dominion Steamship Co.
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before Gilliam, J. This action is prosecuted against the defendant company to recover for losses sustained by reason of negligence and delay in transporting and delivering to the plaintiff at Washington, N. C., certain goods shipped by a connecting line from Baltimore.
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Civil ActioN tried at Fall Term, 1882, of Beaufort Superior Court, before Gilliam, J. This action is prosecuted against the defendant company to recover for losses sustained by reason of negligence and delay in transporting and delivering to the plaintiff at Washington, N. C., certain goods shipped by a connecting line from Baltimore. The goods as described in the bill of lading consisted of Sling-luff’s dissolved bone, and plaster, 25 bags of each; 25 boxes home fertilizers; and 25 bags of acid phosphate. The articles arrived in due time at the point of destination, and were stored with…
1Opinion of the Court
Smith, C. J.,
after stating the above. Upon these facts it is difficult to find any grounds to sustain the defendant’s appeal. The counsel for the company acquiesced by not making any exception at the time when it ought to have been made, if made at all, in all that preceded the finding of the jury, in the framing of the issues, and in the charge of the court ; and it is now too late to complain of this action.
The defence, predicated upon the alleged illegal importation, we must deem to have been abandoned, since no issue in regard to it was submitted or suggested ; and, if desired, this…
2Cited by3 opinions
- Branton v. . O'BriantSupreme Court of North Carolina · 1885
- Willey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Fagg v. Southern Building & Loan Ass'nSupreme Court of North Carolina · 1893