Moore v. American Railway Express Co.
Supreme Court of North Carolina
Appeal by plaintiff from Ra,y, J., at tbe November Term, 1920, of DAVIDSON. This is an action commenced before a justice of tbe peace to recover tbe value of certain shoes shipped by express from Brockton, Mass., to Tbomasville, N. C., to tbe plaintiffs.
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Appeal by plaintiff from Ra,y, J., at tbe November Term, 1920, of DAVIDSON. This is an action commenced before a justice of tbe peace to recover tbe value of certain shoes shipped by express from Brockton, Mass., to Tbomasville, N. C., to tbe plaintiffs. Tbe shoes were never delivered, and in tbe express receipt executed by tbe defendant there was tbe following stipulation: “7. Except where tbe loss, damage, or injury complained of is due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, as a condition precedent to recovery, claims must be…
1Opinion of the CourtAlleN, J.
It is usual to insert in contracts of shipment stipulations that written notice of a claim for damages shall be given within a designated time, and these stipulations, if reasonable, are generally sustained in tbe State and Federal courts, and upon tbe ground that they are conditions on the right of recovery and not exemptions from liability. Culbreth v. R. R., 169 N. C., 725; R. R. v. Blish Milling Co., 241 U. S., 190; 10 C. J., 326 et seq.
“Tbe purpose of requiring such notice to be given is to enable tbe carrier, while tbe occurrence is recent, to inform itself of tbe actual facts…
2Cases cited5 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Claus v. Lee.Supreme Court of North Carolina · 1906
- Hailey v. Oregon Short Line R.District Court, D. Idaho · 1918
- Culbreth v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Mann v. Fairfield & Elizabeth City Transportation Co.Supreme Court of North Carolina · 1918
3Cited by6 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- American Railway Express Co. v. RobertsCourt of Appeals of Georgia · 1922
- J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
- Payne v. SmithCourt of Appeals of Texas · 1924
- Herrin Transportation Co. v. Southeastern Electric Co.Court of Appeals of Texas · 1958
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