Anderson v. American Railway Express Co.
Supreme Court of North Carolina
Appeal from Bryson, J., at Fall Term, 1923, of Olay. Tbe plaintiff, in Olay County, N. 0., in February, 1922, killed and dressed a bog, weighing 595 pounds, and on tbe next day delivered it to tbe defendant express company to be shipped to Dr. Outts, president of Willingham School, at Blue Ridge, Ga.
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Appeal from Bryson, J., at Fall Term, 1923, of Olay. Tbe plaintiff, in Olay County, N. 0., in February, 1922, killed and dressed a bog, weighing 595 pounds, and on tbe next day delivered it to tbe defendant express company to be shipped to Dr. Outts, president of Willingham School, at Blue Ridge, Ga. Tbe evidence is tbat tbe bog was loaded on a wagon on tbe evening of tbe 15th and allowed to remain out all night, tbe weather being very cold, and was started next morning about sunrise to Murphy, and delivered tbat morning to tbe defendant, who accepted tbe shipment. On its arrival at Blue…
1Opinion of the CourtClark, C. J.
This being a nonsuit, the evidence for the plaintiff must be taken as true and in the most favorable aspect for him. It is true, as a general principle, that when there is a shipment by a common carrier upion an open bill of lading it becomes the agent of 'the consignee, but, as said by Hoke, J., in Buggy Corp. v. R. R., 152 N. C., 122, “It may be shown that, owing to the carrier’s default, the parties have rescinded the contract and restored the title to the consignor before the action brought, as in R. R. v. Guano co., 103 Ga., 590.” That case held that “Where a consignee of freight refuses…
2Cases cited3 opinions
- Savannah, Florida & Western Railway Co. v. Commercial Guano Co.Supreme Court of Georgia · 1898
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Aydlett v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916