Lee v. Railroad
Supreme Court of North Carolina
ActioN by R. A. Lee & Co. against tbe St. Louis, Iron Mountain and Southern Railway Company, heard by Judge M. H. Justice and a jury, at May Term, 1904, of the Superior Court of MbcKlbnbuRG- County. This action was prosecuted by the plaintiffs for the recovery of damages incurred by the failure of the defendant to deliver a lot of cotton in a reasonable time.
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ActioN by R. A. Lee & Co. against tbe St. Louis, Iron Mountain and Southern Railway Company, heard by Judge M. H. Justice and a jury, at May Term, 1904, of the Superior Court of MbcKlbnbuRG- County. This action was prosecuted by the plaintiffs for the recovery of damages incurred by the failure of the defendant to deliver a lot of cotton in a reasonable time. The defendant company issued to the plaintiffs its bill of lading at Little Rock, Arkansas, for a hundred bales of cotton to be shipped to New Orleans, La., “shipside”, consigned to the order of R. A. Lee & Co. The jury under the…
1Opinion of the Court
CONNOR. J.,
after stating the facts. There was no evidence tending to show that the term “shipside” had any special or peculiar meaning when used in a bill of lading other than that which was usually and generally given to it. It would seem, giving the word its ordinary signification, that it was a direction to the carrier to deliver the cotton at some wharf accessible to its track in New Orleans to which a ship could come. In the absence of anything on the bill of lading to signify what ship was to receive the cotton, the consignee would have to notify tbe carrier. Tbe cotton was shipped to…
2Cases cited3 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Swift River Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1897
3Cited by12 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
- Storey v. . StokesSupreme Court of North Carolina · 1919
- Builders Supply & Equipment Corp. v. GaddSupreme Court of North Carolina · 1922
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