Story Lumber Co. v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Peebles, J., Spring Term, 1909, of Gates. Action for damages alleged to have been caused by diminishing the output of plaintiff’s sawmill, etc., by reason of defendant’s unreasonable delay in transporting and delivering a sawmill edger. The plaintiff purchased in Norfolk, Va., and delivered to the defendant for transportation to the plaintiff at Eure, N. C., on 16 March, 1907, a sawmill edger.
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Appeal from Peebles, J., Spring Term, 1909, of Gates. Action for damages alleged to have been caused by diminishing the output of plaintiff’s sawmill, etc., by reason of defendant’s unreasonable delay in transporting and delivering a sawmill edger. The plaintiff purchased in Norfolk, Va., and delivered to the defendant for transportation to the plaintiff at Eure, N. C., on 16 March, 1907, a sawmill edger. This machine weighed about 1,000 pounds and was delivered to and carried “open” by the defendant. The distance from Norfolk, Va., to Eure, N. C., is forty-seven miles — nineteen miles to…
1Opinion of the CourtManning, J.
The defendant did not, as appears from the record of the trial, contest that it had carelessly permitted an unreasonable delay in the transportation of the edger, nor did it contest the rule laid down by his Honor for the admeasurement of the plaintiff’s damages, if it was entitled to more than nominal damages. His Honor could not have granted the defendant’s motion to nonsuit the 'plaintiff, because the unreasonable delay, the breach of the contract of shipment, being uncontested by the defendant, the plaintiff was, in any view, entitled to recover nominal damages. But the defendant’s…
2Cases cited6 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Foard v. Atlantic & North Carolina Rail RoadSupreme Court of North Carolina · 1860
- Neal v. Pender-Hyman Hardware Co.Supreme Court of North Carolina · 1898
- Sharpe v. Southern Railway Co.Supreme Court of North Carolina · 1902
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3Cited by15 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- 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
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
- Builders Supply & Equipment Corp. v. GaddSupreme Court of North Carolina · 1922
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