Brooks Manufacturing Co. v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Long, J., at the February Term, 1909, of Guil-eoed. Civil action to recover a penalty. The facts are set out in a special verdict and in the judgment of the judge of the Superior Court.
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Appeal from Long, J., at the February Term, 1909, of Guil-eoed. Civil action to recover a penalty. The facts are set out in a special verdict and in the judgment of the judge of the Superior Court. SPECIAL VERDICT.' The jury upon being impaneled found tbe following special verdict: “Tbe facts in this case are found to be as follows: “This was a shipment of a solid carload of lumber from Pittsboro, North Carolina, to Greensboro, North Carolina, con- • signed to the plaintiff; shipment was over the Seaboard Air Line and the Southern Railway; the Seaboard Air Line delivered this car to the…
1Opinion of the CourtBrown, J.
Tbe first assignment of err.or is tbat bis Honor erred in bolding tbat tbe defendant was required not only to transport tbe car from Cary to Greensboro witbin tbe statutory period, but must witbin tbat time place tbe car upon tbe plaintiff’s sidetrack.
1. We do not construe bis Honor’s judgment to bold exactly tbat, under tbe authority of tbe cases of Hilliard v. R. R., 51 N. C., 343, and Alexander v. R. R., 144 N. C., 95, cited in bis judgment, it was tbe duty of tbe defendant to deliver tbe loaded car to tbe plaintiff on its private sidetrack. Neither of those cases sustain tbat position. On…
2Cases cited3 opinions
- Davis v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Hilliard v. Wilmington & Weldon Rail RoadSupreme Court of North Carolina · 1859
- Wall-Huske Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
3Cited by1 opinion
- National Elevator Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1917