Cox v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN instituted before a justice of tbe peace for the recovery of the penalty of $50 for alleged failure of defendant to accept freight for shipment when tendered, under section 2631 of Eevisal. Defendant denied that the freight was tendered. Upon appeal, the cause was tried before Neal, J., and a jury, at March Term, 1908, of Denote. The evidence upon which plaintiff relies to establish a general tender for shipment is as follows: L. D. Dixon testified: “Mr. W. IT.
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ActioN instituted before a justice of tbe peace for the recovery of the penalty of $50 for alleged failure of defendant to accept freight for shipment when tendered, under section 2631 of Eevisal. Defendant denied that the freight was tendered. Upon appeal, the cause was tried before Neal, J., and a jury, at March Term, 1908, of Denote. The evidence upon which plaintiff relies to establish a general tender for shipment is as follows: L. D. Dixon testified: “Mr. W. IT. Cox gave me the meat to be carried to the Atlantic Coast Line depot on the morning of 8 January, 1907, at about 8 o’clock. Mr.…
1Opinion of the Court
BROWN, • J.
It is a well-established ■ principle of law, applicable to corporations and individuals alike, that penal statutes are strictly construed, and that he who sues to recover a penalty awarded by the law must bring his case clearly within the language and meaning of the law. Sears v. Whitaker, 136 N. C., 37; Appenheimer v. Railroad, 64 Ark., 27; 26 Am. and Eng. Enc. (2d Ed.), p. 658.
It is clear, from a perusal of the evidence, that no general tender of the meat for shipment was made by plaintiff’s- agent. Taking it in its best aspect for plaintiff, the evidence shows that the meat…
2Cases cited1 opinion
- Sears v. Whitaker.Supreme Court of North Carolina · 1904
3Cited by9 opinions
- State v. . HeathSupreme Court of North Carolina · 1930
- State v. . MitchellSupreme Court of North Carolina · 1940
- State v. MitchellSupreme Court of North Carolina · 1940
- Hamlet Grocery Co. v. Southern Railway Co.Supreme Court of North Carolina · 1915
- Eagles v. . R. R.Supreme Court of North Carolina · 1922
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