Wood v. Southern Railway Co.
Supreme Court of North Carolina
This was a civil ACTION, brought by the plaintiff, Calvin Wood, against the defendants, the Southern Railway Company, for the recovery of damages for alleged injuries to certain live stock, viz.: eighty-seven head of yearling cattle while being transported in its care from Marion, N. C., to Culpepper, Ya., tried before his Honor, H. B. Bryan, Judge, at Fall Term, 1895, of Mitchell Superior Court.
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This was a civil ACTION, brought by the plaintiff, Calvin Wood, against the defendants, the Southern Railway Company, for the recovery of damages for alleged injuries to certain live stock, viz.: eighty-seven head of yearling cattle while being transported in its care from Marion, N. C., to Culpepper, Ya., tried before his Honor, H. B. Bryan, Judge, at Fall Term, 1895, of Mitchell Superior Court. The cattle were shipped under a special contract or bill of lading, which, among other things, contained the following clauses: “ That whereas, The Southern Railway Company and connecting lines…
1Opinion of the Court
Furches, J.:
There has not been that care in prepar-
ing this case on appeal that there should have been. And the first matter we are troubled with is an objection to the record and an application for a writ of certiorari. The case served on defendant was very short, consisting of that part of the case embraced in the first paragraph of the case, down to the words (“judges notes ”). The copy prepared by appellant and served on appellee did not contain this expression, (“judge’s notes”) but instead of this, contained this, “ Here cleric will copy evidence.”
The only evidence introduced was the…
2Cases cited6 opinions
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- McCraw v. Old North State InsuranceSupreme Court of North Carolina · 1878
- Hornthal v. Western InsuranceSupreme Court of North Carolina · 1883
- Lee v. . Raleigh Gaston Railroad Co.Supreme Court of North Carolina · 1875
- Taylor v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1888
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3Cited by15 opinions
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1901
- Hinkle v. . R. R.Supreme Court of North Carolina · 1900
- Hinkle, Craig & Co. v. Southern Railway Co.Supreme Court of North Carolina · 1900
- Pacific Coast Co. v. Yukon Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1907
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