Garrison v. Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at September Term, 1908, of Buncombe. Tbis action is instituted for tbe recovery of tbe penalty imposed by section 2631 of tbe Revisal, for failure to receive a ear load of lumber tendered defendant by plaintiff at Black Mountain station, to be shipped to W. PL Westall, at Asbeville, botb points being within tbis State.
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ActioN tried before Guión, J., and a jury, at September Term, 1908, of Buncombe. Tbis action is instituted for tbe recovery of tbe penalty imposed by section 2631 of tbe Revisal, for failure to receive a ear load of lumber tendered defendant by plaintiff at Black Mountain station, to be shipped to W. PL Westall, at Asbeville, botb points being within tbis State. Tbe facts, as stated in defendant’s brief, are: Plaintiff bad contracted to sell lumber, f. o. b. cars at Black Mountain, to Westall, at Asheville. ' Plaintiff hauled tbe lumber to Black Mountain, loaded it on cars, furnished by…
1Opinion of the CourtConnor, J.
The exceptions to the rulings of his Honor are not very clearly stated in the record, but in the well-considered brief of defendant’s counsel the questions argued before us are thus formulated:
1. “Was the defendant entitled to have its reasons and excuses for not issuing the bill of lading, on demand, considered by the jury?
2. “Can the plaintiff recover a penalty for each day of delay to ship without showing a daily renewal of the tender?
3. “Is the statute (Revisal, sec. 2631) void, (a) as a regulation of interstate commerce in conflict with Article I, section 8, clause 3, of the…
2Cases cited25 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Smith v. AlabamaSupreme Court of the United States · 1888
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
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3Cited by21 opinions
- State Ex Rel. Utilities Commission v. Mead Corp.Supreme Court of North Carolina · 1953
- Bane v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
- Southern Railway Co. v. Atlanta Sand & Supply Co.Supreme Court of Georgia · 1910
- King Lumber & Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1909
- R. R. v. . Power Co.Supreme Court of North Carolina · 1920
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