Dixie Cigar Co. v. Southern Express Co.
Supreme Court of North Carolina
Civil aotioN, tried before Hoke, and a jury, at January, 1897, Special Term of Forsyth Superior Court upon appeal. The plaintiff complained for the value of a package worth $27.50 which it delivered to defendant in April, 1893, to be shipped to Ratan, 'Mexico, and which was not delivered as agreed.
Read the full summary
Civil aotioN, tried before Hoke, and a jury, at January, 1897, Special Term of Forsyth Superior Court upon appeal. The plaintiff complained for the value of a package worth $27.50 which it delivered to defendant in April, 1893, to be shipped to Ratan, 'Mexico, and which was not delivered as agreed. The.receipt given by the Express company contained the following stipulation: “In no event shall the Southern Express Company be liable for any loss or damage, unless the claim therefor shall be presented to them in writing at this office within thirty days after this date, in a statement to which…
1Opinion of the Court
ClaeK, J.:
Stipulations in a bill of lading restricting the common law liability of a common carrier are invalid, unless reasonable; because the parties are not dealing on an equal footing. Railroad v. Lockwood, 17 Wall., 357. We think his Honor properly held that a stipulation that the defendant would not be liable unless there is a demand in writing made within 30 days from the date of the bill of lading was unreasonable and void. The instructions to its agents upon the back of the defendant’s envelopes and packages recognize this, for those instructions require the agent at the receiving…
2Cases cited2 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
3Cited by6 opinions
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1901
- Phillips v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
- Culbreth v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Southern Ry. Co. v. Mooresville Cotton MillsCourt of Appeals for the Fourth Circuit · 1911
- Deans v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
1 more not listed; retrieve them via the Exa API.