Foard v. Atlantic & North Carolina Rail Road
Supreme Court of North Carolina
This was an action on the case, tried before Osborne, J., at Spring Term, 1860, of Rowan Superior Court. The plaintiff, who was the owner of a steam flooring mill in the county of Rowan, declared against the defendants as •common carriers upon the custom, and for negligence as bailees, in failing to forward a piece of machinery, to wit, a large steam pipe, whereby, and in consequence of which neglect, his mill was delayed in its operations, and he, thereby deprived of its…
Read the full summary
This was an action on the case, tried before Osborne, J., at Spring Term, 1860, of Rowan Superior Court. The plaintiff, who was the owner of a steam flooring mill in the county of Rowan, declared against the defendants as •common carriers upon the custom, and for negligence as bailees, in failing to forward a piece of machinery, to wit, a large steam pipe, whereby, and in consequence of which neglect, his mill was delayed in its operations, and he, thereby deprived of its profits. The following bill of lading was exhibited, in evidence. “ Shipped, in good order and well conditioned, by Dibble…
1Opinion of the CourtBattle, J.
Upon the trial, it seems to have been conceded, that the defendants were not liable as common carriers, for their neglect to .send on, in proper time, the pipe in question. It was decided in the case of Boner & Christ v. The Merchants' Steam Boat Company, 1 Jones’ Rep. 211, that 'a company, whose ordinary business was to transport goods by water for freight, was not bound, as to the time of delivery, as common carriers, but as mere bailees for hire; and we think the same rule must be applied to a company, which carries goods for freight on a rail-road. The rule of negligence, in such cases,…
2Cited by18 opinions
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
13 more not listed; retrieve them via the Exa API.