Dixon v. . Davis
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at May Term, 1922, of "Wake. Civil action to recover damages for an alleged negligent delay and injury in transit to a car-load shipment of livestock, consisting of 49 bogs and one pony.
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Appeal by defendant from Devin, J., at May Term, 1922, of "Wake. Civil action to recover damages for an alleged negligent delay and injury in transit to a car-load shipment of livestock, consisting of 49 bogs and one pony. Upon denial of liability and traverse thus joined, tbe following issues were submitted to tbe jury and partly answered by tbem as indicated: “1. Did tbe defendant contract and agree to transport and deliver shipments of bogs from Raleigb to Earmville in time for sale on 28 February, as alleged in tbe complaint? Answer: 'Yes.’ “2. Did tbe defendant fail to perform said…
1Opinion of the CourtStaot, J.
On Thursday, 26 February, 1920, tbe defendant placed a car at Edgerton’s Siding, Raleigb, N. C., to be used in transporting and carrying 49 bogs and one pony for tbe plaintiff to Earmville, N. C. Plaintiff bad advertised said bogs for sale at one o’clock on Saturday, 28 February, 1920. This fact, it is alleged, was communicated to tbe defendant’s agent, and be assured tbe plaintiff that said shipment would be delivered in Earmville in ample time for tbe sale as advertised. Tbe livestock did not reach Earmville until some time Saturday night, and was unloaded early Sunday morning. This action…
2Cases cited9 opinions
- Smith v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1912
- McCoy v. Railroad.Supreme Court of North Carolina · 1906
- Baldwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Bryan v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Turning Point v. Global FurnitureCourt of Appeals of North Carolina · 2007
- Cook v. HobbsSupreme Court of North Carolina · 1953
- Wright v. . R. R.Supreme Court of North Carolina · 1923