Lee v. . Raleigh Gaston Railroad Co.
Supreme Court of North Carolina
This was a civil action to recover the value of two horses, tried at the January (Special) Tenn, 1874, of the Superior Court of Wake county, before his Honor Judge Tourgee.
Read the full summary
This was a civil action to recover the value of two horses, tried at the January (Special) Tenn, 1874, of the Superior Court of Wake county, before his Honor Judge Tourgee. The facts, as agreed by counsel, are substantially as follows On the 21st of February, 1872, the plaintiff entered into a contract with the defendant as a common carrier, by which the latter agreed to transport fifteen horses and two mules from Raleigh to Portsmouth, Va., over the Raleigh and Gaston Road and the Seaboard and Roanoke Road, for the price of one hundred dollars; and a receipt for one hundred dollars in the…
1Opinion of the CourtPearsoet, C. J.
The instruction assumes the special contract which the defendant offered to prove. We agree with his Honor in the opinion, that the legal effect of this special contract was to discharge the defendant from liability as an insurer, in its character of common carrier, and leave it responsible only for an ordinary neglect as a carrier for hire. We suppose his Honor to mean when he was uses the words “ unpaid bailee,” a carrier who is not paid as a common carrier. Indeed, we incline to the opinion that without a special contract, the law does cot hold a common carrier liable as insurer, against…
2Cited by4 opinions
- Wood v. Southern Railway Co.Supreme Court of North Carolina · 1896
- Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
- Hornthal v. Roanoke, Norfolk & Baltimore Steamboat Co.Supreme Court of North Carolina · 1890
- Hornthal v. . Steamboat Co.Supreme Court of North Carolina · 1890