Legal Opinion

McConnell Bros. v. Southern Railway Co.

Supreme Court of North Carolina

Decided March 5, 1907PublishedCited by 11 opinions

Civil actioN, tried before Allen, J., and a jury, at September Term, 1906, of tbe Superior Court of BttNoombe County. Verdict and judgment for plaintiff. Defendant appealed.

1Opinion of the CourtClare, C. J.

This is an action for negligence in failing to properly care for and ice a car-load of melons shipped from Bamburg, South Carolina, to Philadelphia, which arrived at their destination in bad condition and were sold for a small price. The defendant denied that the melons were damaged for lack of icing and that the plaintiff’s claim was made within thirty days. .These were issuable facts, which were submitted to the jury and were found adversely to the defendant.

The bill of lading was executed by the defendant company, but the defendant claims that it did not transport perishable products of…

2Cases cited4 opinions

  1. Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
  2. Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
  3. Everett v. RailroadSupreme Court of North Carolina · 1905
  4. Parker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903

3Cited by11 opinions

  1. Everett v. . R. R.Supreme Court of North Carolina · 1905
  2. J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
  3. Parker v. . R. R.Supreme Court of North Carolina · 1903
  4. Harden v. Chesapeake & Ohio RailroadSupreme Court of North Carolina · 1911
  5. Stringfield v. Southern Railway Co.Supreme Court of North Carolina · 1910

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