Phillips v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Civil actioN tried before Lyon, J., and a jury, at May Term, 1916, of Chatham. Plaintiffs sued for damage to two car-loads of dewberries shipped by tbom over the defendant’s and connecting lines of railways from Cameron, N. C., to Buffalo, N. Y., in June, 1912. They alleged that by reason of negligent delay on the part of defendant and its associate carriers tbe berries became mouldy and they could not, on that account, be sold in the Buffalo market for the ruling price at…
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Civil actioN tried before Lyon, J., and a jury, at May Term, 1916, of Chatham. Plaintiffs sued for damage to two car-loads of dewberries shipped by tbom over the defendant’s and connecting lines of railways from Cameron, N. C., to Buffalo, N. Y., in June, 1912. They alleged that by reason of negligent delay on the part of defendant and its associate carriers tbe berries became mouldy and they could not, on that account, be sold in the Buffalo market for the ruling price at the time of delivery. There was proof of the delay in transportation beyond the usual time and of depreciation of the…
1Opinion of the Court
Waleee, J.,
after stating the case: There was evidence of negligence for the consideration of a jury, and the only question left open is the one as to the validity of the clause in the bill of lading as to filing a claim for damages. The plaintiffs did not comply with this requirement, nor do we think compliance with it was waived by the defendant. The same question practically was presented in Lytle v. Tel. Co., 165 N. C. 504, and it was said there: “A mere casual remark to the agent at Alta Pass that the message had been delayed, and some one would have to pay for it, was in no sense a claim…
2Cases cited13 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- State v. . R. R.Supreme Court of North Carolina · 1906
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Hinkle v. . R. R.Supreme Court of North Carolina · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- State v. . R. R.Supreme Court of North Carolina · 1906
- St. Sing v. American Railway Express Co.Supreme Court of North Carolina · 1922
- Davis v. John L. Roper Lumber Co.Supreme Court of Virginia · 1924
- Eagles v. . R. R.Supreme Court of North Carolina · 1922
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