Stone & Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN, tried before Jones, J., and a jury, at tbe December Term, 1906, of'tbe Superior Court of New IIaN-oveR County. This was an action prosecuted by the plaintiffs for the recovery of the penalty incurred by defendant for failure to transport freight within a reasonable time, pursuant to sec. 2632, Revisal. The action was instituted in a justice’s court and brought by appeal in the Superior Court of New Hanover.
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Civil actioN, tried before Jones, J., and a jury, at tbe December Term, 1906, of'tbe Superior Court of New IIaN-oveR County. This was an action prosecuted by the plaintiffs for the recovery of the penalty incurred by defendant for failure to transport freight within a reasonable time, pursuant to sec. 2632, Revisal. The action was instituted in a justice’s court and brought by appeal in the Superior Court of New Hanover. The plaintiffs introduced a bill of lading issued by defendant at Wilmington, N. C., showing shipment by Stone & Co. to Williamson & Brown Sand and Lumber Co., at Cerro…
1DissentClark, C. J.
(221) This was an action prosecuted by the plaintiffs for the recovery of the penalty incurred by defendant for failure to transport freight within a reasonable time, pursuant to section 2632, Revisal. The action was instituted in a justice's court and brought by appeal in the Superior Court of New Hanover. The plaintiffs introduced a bill of lading issued by defendant at Wilmington, N.C. showing shipment by Stone Co., to Williamson Brown Sand and Lumber Company, at Cerro Gordo, N.C. for one carload of hay.
B. O. Stone, one of the plaintiffs, testified: "Cerro Gordo is on the line of Atlantic…
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