Berry v. Southern Railway Co.
Supreme Court of North Carolina
Civil action tried before Tmberlake, J., and a jury at July, 1897, Special Term of Buncombe Superior Court. The facts appear in the opinion. There was a judgment of non-suit and plaintiff appealed.
1Opinion of the Court
Clark, J.:
The plaintiff sent the goods to the defendant’s station with the following note:
£ ‘Freight Agent: Dear Sir — Will you be kind enough to havó these three pieces marked according to the address already tacked on and forward as soon as possible to Newport, R. I.? Will you mark them prepaid? I -will be at the depot to-morrow and get the bill of lading and pay the freight — and greatly oblige.
“Mbs. Berry.”
This order was a direction for the immediate and earliest shipment of the goods. The request to mark them prepaid was not a condition precedent to the shipment but a collateral request…
2Cases cited4 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Collins v. . SwansonSupreme Court of North Carolina · 1897
- Wells v. . Wilmington Weldon R. R. Co.Supreme Court of North Carolina · 1858
- Allen v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
3Cited by8 opinions
- Smith v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Lyon v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Aman v. Dover & Southbound RailroadSupreme Court of North Carolina · 1920
- Davis v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
- McConnell v. . R. R.Supreme Court of North Carolina · 1913
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