Lewis v. Clyde Steamship Co.
Supreme Court of North Carolina
This case was heard and determined a.t September term, 1902, of this court (131 N. C., 652). It is now before us upon a petition filed by the defendant to rehear.
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This case was heard and determined a.t September term, 1902, of this court (131 N. C., 652). It is now before us upon a petition filed by the defendant to rehear. The action was brought for the recovery by the plaintiff of .$2,444.74 alleged to be due by the defendant company for money expended and services rendered in “caring for, floating and saving a steamship named 'The City of Jacksonville’,” wbieb plaintiff alleged was on tbe 19th day of September owned and operated by the defendant and was stranded on the North Carolina coast. Plaintiff averred that the said money was expended and…
1Opinion of the Court
CLARK, C. J., and DOUGLAS, J., dissenting. In the view which we take of the case, it is not necessary to set out the defendant's prayers for instruction. The court charged the jury that they must find by the greater weight of the evidence that the evidence that the defendant company employed the plaintiff, engaged his services to look after this wreck in their interest; that the contract to bind the company must have been (909) made with some one authorized to speak for it; that some officer engaged to look after its ships engaged the services of the plaintiff; that a general manager would…
2Cases cited8 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- State v. . PowellSupreme Court of North Carolina · 1886
- Anniston National Bank v. School Committee of DurhamSupreme Court of North Carolina · 1897
- Young v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- State v. . PrinceSupreme Court of North Carolina · 1921
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Moore v. . R. R.Supreme Court of North Carolina · 1917
- State v. . BridgersSupreme Court of North Carolina · 1916
20 more not listed; retrieve them via the Exa API.