Sellars Hosiery Mills v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant, Atlantic Coast Line Eailroad Company, from Kerr, J., at May Term, 1917, of AxamaNCe. Tbis action was begun against tbe Southern. Eailway Company for the sum of $14 and interest from 23 May, 1916, under Eevisal, 2632, for failure to transport and deliver within a reasonable time a shipment of yarns from Weldon, N. O., to Burlington, N. O. Judgment was rendered by the justice against the Southern Eailway .Company for $14, and it appealed.
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Appeal by defendant, Atlantic Coast Line Eailroad Company, from Kerr, J., at May Term, 1917, of AxamaNCe. Tbis action was begun against tbe Southern. Eailway Company for the sum of $14 and interest from 23 May, 1916, under Eevisal, 2632, for failure to transport and deliver within a reasonable time a shipment of yarns from Weldon, N. O., to Burlington, N. O. Judgment was rendered by the justice against the Southern Eailway .Company for $14, and it appealed. When the case was called in the Superior Court the court ordered that the Atlantic Coast Line Eailroad Company be made a codefendant, and…
1Opinion of the CourtClare, C. J.
The sole question presented is as to the power of the court to amend by making the Atlantic Coast Line Railroad Company a party defendant, when the sum sought to be recovered is less than $200.
The action was properly pending on appeal in the Superior Court. The Atlantic.Coast Line Railroad Company was made party defendant and summons duly served. Said defendant entered a general appearance in the action and took no exception.
There was but one contract of carriage in this case, i. e., to transport the goods safely and in a reasonable time from Weldon to Burlington, and to that contract-both…
2Cases cited2 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
3Cited by3 opinions
- Cook v. . BaileySupreme Court of North Carolina · 1925
- Albertson v. AlbertsonSupreme Court of North Carolina · 1935
- Albertson v. . AlbertsonSupreme Court of North Carolina · 1935