B. F. Eagles Co. v. East Carolina Railway
Supreme Court of North Carolina
Appeal by defendant from Horton, J., at June Term, 1922, of Edgecombe. Plaintiff brought suit to recover $1.21 for loss or damage to goods in transit, and for a penalty of $50 for failure to pay the claim within the time prescribed by the statute. C. S., 3524. The defendant operates a railroad from Tarboro to and beyond Macclesfield, in Edgecombe County.
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Appeal by defendant from Horton, J., at June Term, 1922, of Edgecombe. Plaintiff brought suit to recover $1.21 for loss or damage to goods in transit, and for a penalty of $50 for failure to pay the claim within the time prescribed by the statute. C. S., 3524. The defendant operates a railroad from Tarboro to and beyond Macclesfield, in Edgecombe County. On 1 November, 1920, the Atlantic Coast Line Railroad Company issued a bill of lading for a shipment of lard from Rocky Mount to the plaintiff at Macclesfield, the initial and terminal points being within the State. The plaintiff’s place of…
1Opinion of the Court
Adams, J.,
after stating tbe facts: In case "of intrastate shipments tbe statute requires tbat every claim for loss of or damage to property while in possession of a common carrier shall be adjusted and paid for within ninety days after tbe filing of such claim by tbe consignee witb tbe carrier’s agent at tbe point of destination or at tbe point of delivery to another carrier, and tbat every carrier shall be liable for tbe amount of such loss or damage, witb interest thereon from tbe time tbe claim is filed until it is paid. Tbe statute provides tbat failure to adjust and pay such claim within…
2Cases cited10 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- Peterson v. TaylorSupreme Court of Georgia · 1854
- Coble v. ShoffnerSupreme Court of North Carolina · 1876
- Cox v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
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3Cited by1 opinion
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1918