Mann v. Fairfield & Elizabeth City Transportation Co.
Supreme Court of North Carolina
AotioN to recover damages for negligent delay and injury in transporting a shipment of 201 hogs, tried before Bond, J., and a jury, at Special Term, 1918, of IIydb. The evidence of plaintiff tended to show that on 18 December, 1917, he shipped with defendant Fairfield and Elizabeth City Transportation Company, at Fairfield, N. 0., 201 hogs under a through bill of lading, via Elizabeth City to Onley, Ya., the Norfolk and Southern Railway being the next connecting carrier.
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AotioN to recover damages for negligent delay and injury in transporting a shipment of 201 hogs, tried before Bond, J., and a jury, at Special Term, 1918, of IIydb. The evidence of plaintiff tended to show that on 18 December, 1917, he shipped with defendant Fairfield and Elizabeth City Transportation Company, at Fairfield, N. 0., 201 hogs under a through bill of lading, via Elizabeth City to Onley, Ya., the Norfolk and Southern Railway being the next connecting carrier. That Onley is 110 miles from Elizabeth City and the shipment was received at Onley on the next Monday, seven days…
1Opinion of the Court
Hoke, J..
The Federal statute more directly relevant to the inquiry, amendatory of the Carmack Amendment and containing also the Cum-mins Amendment to the Interstate Commerce Act, appears in Vol. 38, Part I, U. S. Statutes at Large, chap. 176, pp. 1196-7, as follows:
“That any common carrier, railroad or transportation company, subject to the provisions of this act, receiving property for transportation from a point in one State or Territory or the District of Columbia to a point in another State, Territory, District of Columbia, or from any point in the United States to a point in an adjacent…
2Cases cited4 opinions
- Bryan v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Bryan v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1917
- Taft v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
- McRary v. Southern Railway Co.Supreme Court of North Carolina · 1917
3Cited by6 opinions
- Star Furniture Co. v. Carolina & Northwestern Railway Co.Supreme Court of North Carolina · 1928
- St. Sing v. American Railway Express Co.Supreme Court of North Carolina · 1922
- Davis v. John L. Roper Lumber Co.Supreme Court of Virginia · 1924
- Moore v. American Railway Express Co.Supreme Court of North Carolina · 1921
- McCotter v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
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