Whittington v. Southern Railway Co.
Supreme Court of North Carolina
Civil, actioN tried before Cline, J., at March Term, 1916, of Guil-ROBD. This is an action to recover of the defendant damages for injury to certain machinery and supplies shipped by plaintiff from Macon, Georgia, to Kemersville, North Carolina. The shipment consisted of knitting-mill machinery and supplies delivered to the Central of Georgia Eailway Company on or about 30 September, 1912, and consigned to J. A. Holloman at Kernersville, North Carolina.
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Civil, actioN tried before Cline, J., at March Term, 1916, of Guil-ROBD. This is an action to recover of the defendant damages for injury to certain machinery and supplies shipped by plaintiff from Macon, Georgia, to Kemersville, North Carolina. The shipment consisted of knitting-mill machinery and supplies delivered to the Central of Georgia Eailway Company on or about 30 September, 1912, and consigned to J. A. Holloman at Kernersville, North Carolina. When this car reached its destination the machinery and supplies therein were damaged. The defendant received the car containing the shipment…
1Opinion of the Court
Ai/leN, J.
The motion for judgment of nonsuit is upon two grounds:
1. That as the shipment was not totally destroyed and worthless, it was the duty of the plaintiff to receive the goods, and as he refused to do so, he cannot maintain this action to recover damages.
2. That tbe cause of action alleged in tbe complaint' is not to recover tbe damages to tbe goods, but tbeir value, and as sucb cannot be-maintained, because tbe goods were not worthless and tbe plaintiff refused to receive them.
Tbe principle for wbicb tbe defendant contends is sound, and is thus stated in 3 Hutchison on Carriers, see.…
2Cases cited8 opinions
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Gulf, Colorado & Santa Fe Railway Co. v. Everett & LongCourt of Appeals of Texas · 1904
- Rollins v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Cardwell v. Southern Railway Co.Supreme Court of North Carolina · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- F. J. McCarty Co. v. Southern Pacific Co.District Court, N.D. California · 1968
- Biltmore Manufacturing Co. v. Overnite Transportation Co.District Court, W.D. North Carolina · 1958
- Bradshaw v. . R. R.Supreme Court of North Carolina · 1922
- W. J. Bradshaw & Co. v. Boston & Maine RailroadSupreme Court of North Carolina · 1922