Legal Opinion · Dissent

Clegg v. Railroad Co.

Supreme Court of North Carolina

Decided April 19, 1904Published

Action by Z. V. Clegg against the Southern Railway Company, heard by Judge O. H. Allen and a jury, at September Term, 1903, of the Superior Court of Guilford County. Erom a judgment for the plaintiff, the defendant appealed.

1DissentWalker, J.

My understanding of tbe facts and tbe law of this case differs so essentially from the views expressed in tbe opinion of tbe Court-, that I am constrained to differ with tbe majority of tbe Judges, not only in their reasoning, but in their conclusion. In its opinion tbe Court says: “The plaintiff bad not received from tbe bank a transfer of the bill of lading at tbe .several times when be made tbe demands for tbe delivery of tbe fruit and did not receive it until the 18tb of tbe month.” Tbe Court then proceeds to say that if tbe defendant bad refused to deliver tbe fruit because tbe plaintiff…

2Cases cited19 opinions

  1. The ThamesSupreme Court of the United States · 1872
  2. Baldwin v. MunnNew York Supreme Court · 1829
  3. Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
  4. Okey v. State InsuranceMissouri Court of Appeals · 1888
  5. Southern Express Co. v. DicksonSupreme Court of the United States · 1877

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API