Tuthill v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil ACTION tried before Daniels, J., and a jury, at February Term, 1917, of Beaueoet. Tbe action was to recover damages for loss of plaintiff’s goods shipped over defendant’s road and held by company as common carrier in’ its warehouse at Washington, N. 0., where they were destroyed, the warehouse being also wrecked, in the wind and rainstorm in that vicinity 3 September, 1913. The jury having rendered a verdict for plaintiff, his Honor, on motion, set the same aside as a…
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Civil ACTION tried before Daniels, J., and a jury, at February Term, 1917, of Beaueoet. Tbe action was to recover damages for loss of plaintiff’s goods shipped over defendant’s road and held by company as common carrier in’ its warehouse at Washington, N. 0., where they were destroyed, the warehouse being also wrecked, in the wind and rainstorm in that vicinity 3 September, 1913. The jury having rendered a verdict for plaintiff, his Honor, on motion, set the same aside as a matter of law, being of opinion that he should have charged the jury, as requested, that if the jury believed the…
1Opinion of the CourtHoke, J.
In Harris v. R. R., 173 N. C., 110 a recovery was sustained for loss of goods at this same time and place. In that case both sides offered testimony, and the court was of opinion that there were facts in evidence permittiüg the inference that the negligence of the company had concurred in causing the loss, a fact that may import liability, though an act of God may also be a contributory cause. Ferebee v. R. R., 163 N. C., 351.
In the present case, the defendant, admitting that the goods were lost while held by the company as common carriers in its warehouse at Washington, N. 0., offered…
2Cases cited4 opinions
- Shives v. Eno Cotton MillsSupreme Court of North Carolina · 1909
- Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1913
- Harris v. Norfolk Southern RailroadSupreme Court of North Carolina · 1917
- Oil Co. v. Grocery Co.Supreme Court of North Carolina · 1904
3Cited by2 opinions
- Lawrence v. . Power Co.Supreme Court of North Carolina · 1925
- Lawrence v. Yadkin River Power Co.Supreme Court of North Carolina · 1925