Randall v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a civil action, tried at February Term, 1891, of Madison Superior Court, before Brown, J., upon appeal from a Justice of the Peace.
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This was a civil action, tried at February Term, 1891, of Madison Superior Court, before Brown, J., upon appeal from a Justice of the Peace. It was brought against the defendant railroad company to recover damages for failure to ship certain goods as freight upon which the freight charges had been prepaid to the E. T., V. & G. Railroad, for both companies, but the defendant, at the time of the injury complained of, had not received its part thereof, nor had it been notified of its reception by the other company. The two companies were under separate and distinct management. The requirements…
1Opinion of the Court
Clark, J.:.A common carrier can demand prepayment of freight from anyone and to any station. The Code, § 1963; Allen v. Railroad, 100 N. C., 397.
That the defendant made a general regulation that it would require prepayment on all freight to a flag station (at which there was no agent), was not only reasonable, but was a matter entirely within the defendant’s powers. A common carrier may require prepayment from any shipper, at its choice, though it may not require it from others. Allen v. Railroad, supra. It should appear, however, that the plaintiff, or his forwarding agent, the first…
2Cases cited2 opinions
- Allen v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Mt. Pleasant Manufacturing Co. v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1890
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