Myers v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by plaintiffs from Bond, J., at November Term, 1915, of CRAVEN. This is a civil action to recover damages for the loss of 181 barrels of Irish potatoes.
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Appeal by plaintiffs from Bond, J., at November Term, 1915, of CRAVEN. This is a civil action to recover damages for the loss of 181 barrels of Irish potatoes. The plaintiff offered evidence tending to prove that on 17 June, 1913, J. I. Smith delivered to the defendant at Oriental, N. C., 181 barrels of Irish potatoes, of the value of $271.50, to be shipped on open bill of lading to the Union Town Produce Company at Union Town, Pa.; that the agreement with the produce company was that it was to pay cash for the potatoes and that it would wire a bank at New Bern to honor the draft of Smith for…
1Opinion of the CourtAlleN, J.
The ruling of his Honor is predicated upon the idea that the plaintiffs are not entitled to recover if their evidence is accepted by the jury, and we must, therefore, assume, for the purposes of this appeal, that all inferences that may be reasonably drawn from the evidence are established.
The contention of the defendant is that if this is done the evidence shows a shipment on an open bill of lading to the produce company; that this vested the title to the potatoes in that company, and that the consignor, Smith, had no authority'to reconsign the shipment, and that no title to the potatoes…
2Cases cited4 opinions
- Smith v. Young Bros.Supreme Court of North Carolina · 1891
- Lewis v. Galena & Chicago Union RailroadIllinois Supreme Court · 1866
- Davidson Development Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Strahorn v. Union Stock Yard & Transit Co.Illinois Supreme Court · 1867
3Cited by11 opinions
- Baltimore & Ohio Railroad v. Montgomery & Co.Court of Appeals of Georgia · 1916
- Produce Trading Co. v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
- Collins v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1924
- Southern Produce Co. v. Norfolk Southern RailroadSupreme Court of Virginia · 1926
- Baer & Son v. HooksCourt of Appeals of Georgia · 1929
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