Bivens Bros. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at May Term, 1918, of UNION. Tbis action was begun before a justice of tbe peace. Tbe plaintiff ■ recovered $21.15 for tbe negligent delay to transport and deliver a shipment of potatoes, by reason of wbicb tbe potatoes were frozen and rendered worthless.
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Appeal by defendant from Harding, J., at May Term, 1918, of UNION. Tbis action was begun before a justice of tbe peace. Tbe plaintiff ■ recovered $21.15 for tbe negligent delay to transport and deliver a shipment of potatoes, by reason of wbicb tbe potatoes were frozen and rendered worthless. Tbe Seaboard road, wbicb received tbe potatoes at Wadesboro on 5 February, delivered them tbe next day at Monroe, but it was in evidence that they were already frozen when tbe latter road received them, and hence a nonsuit was entered as to that road. On appeal, tbe verdict and judgment were for tbe same…
1Opinion of the CourtClaRK, C. J.
On 30 January, 1917, E. E. L. Brown delivered to tbe defendant seventeen bags of sweet potatoes of tbe value of $21.15 for shipment to plaintiffs via Florence and Wadesboro. They arrived at Monroe on 6 February in a frozen and worthless condition. There is no conflict in tbe evidence. Tbe potatoes were delivered at Cbadbourn, 10 a. m., 30 January, in first-class condition and were loaded promptly. They were delivered by tbe defendant to S. A. L. E. E. at Wadesboro, N. C., on 5 February. It is only 121 miles from Cbadbourn to Wades-boro via Florence. It is not in evidence that Florence was a…
2Cases cited7 opinions
- McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
- McNeill v. Railroad Co.Supreme Court of North Carolina · 1904
- Forrester v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Carr v. . AlexanderSupreme Court of North Carolina · 1915
- Parker v. . R. R.Supreme Court of North Carolina · 1903
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3Cited by5 opinions
- Russell v. . MonroeSupreme Court of North Carolina · 1895
- Parker v. . R. R.Supreme Court of North Carolina · 1903
- Precythe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1949
- Tucker v. Norfolk & Western RailroadSupreme Court of North Carolina · 1927
- Deal v. Fredrickson Motor Express Corp.Court of Appeals of North Carolina · 1969