Trouser Co. v. Railroad
Supreme Court of North Carolina
ActioN by Charlotte Trouser Co. against Seaboard Air Line Railway Co., heard by Judge Waller H. Neal and a jury, at the August Term, 1905, of the Superior Court of UNION, County. Action for injury to sample trunks.
Read the full summary
ActioN by Charlotte Trouser Co. against Seaboard Air Line Railway Co., heard by Judge Waller H. Neal and a jury, at the August Term, 1905, of the Superior Court of UNION, County. Action for injury to sample trunks. One I. D. Eutcli, plaintiff’s traveling salesman, boarded, with defendant’s permission, one of its freight trains with a caboose, on which he had been accustomed to travel, at Wingate, for Monroe, and delivered at the same time to defendant, two trunks containing samples to be carried with him on said train to his destination. Futch paid his fare to the conductor, but nothing extra…
1Opinion of the Court
Walicer, L,
after stating the case: It is settled by the great weight of authority, that if a railroad company receives for carriage, from a passenger, trunks containing merchandise or articles other than the personal baggage of the passen ger, witb knowledge of their contents, it is liable on its contract as an insurer for any loss of, or damage to the property, not resulting from the act of God or the public enemy. Railroad v. Swift, 12 Wall., 262; Railroad v. Bowler, 57 Ohio St., 38; Railroad v. Berry, 60 Ark., 433; Jacobs v. Tutt, 33 Fed. Rep., 412; Railroad v. Carrow, 73 Ill., 348;…
2Cases cited10 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Humphreys v. PerrySupreme Court of the United States · 1893
- Michigan Central Railroad v. CarrowIllinois Supreme Court · 1874
- Alling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clott v. GREYHOUND LINES, INCORPORATEDSupreme Court of North Carolina · 1971
- Neece v. Richmond Greyhound Lines, Inc.Supreme Court of North Carolina · 1957
- Brick v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Edwards v. Cleveland Mill & Power Co.Supreme Court of North Carolina · 1927
- Kindley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909