Burlington Lumber Co. v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Long, J., at May Term, 1909, of Alamance. Tbe plaintiff sought to recover tbe penalty prescribed by Re-visal, 2631, for tbe refusal of tbe defendant to receive for shipment to Saginaw, Michigan, certain milling machinery tendered it by tbe plaintiff on 28 January, 1907, no bill of lading for said machinery being issued until 3 April, 1907. Tbe plaintiff’s contention was that tbe defendant failed and refused to receive said machinery for shipment upon tenders made…
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Appeal from Long, J., at May Term, 1909, of Alamance. Tbe plaintiff sought to recover tbe penalty prescribed by Re-visal, 2631, for tbe refusal of tbe defendant to receive for shipment to Saginaw, Michigan, certain milling machinery tendered it by tbe plaintiff on 28 January, 1907, no bill of lading for said machinery being issued until 3 April, 1907. Tbe plaintiff’s contention was that tbe defendant failed and refused to receive said machinery for shipment upon tenders made daily and continuously for a period of sixty-five days, and that by reason of said refusal said defendant became…
1DissentBrown, J.
The facts appearing from the plaintiff's evidence are as follows: On 28 January, 1907, plaintiff delivered to defendant at its depot in Burlington, North. Carolina, one blowpipe machine, with directions to ship it to Allison & Curtis Manufacturing Company, Saginaw, Michigan. The blowpipe was not the property of the plaintiff, but had been sent on trial and was being returned to the owners. The defendant’s agent stated that he had no rates on Saginaw, Mich., and could not ship the blowpipe until he could get them. Plaintiff’s agent said that was all right, that he would pay freight as soon as…
2Cases cited5 opinions
- Houston & Texas Central Railroad v. MayesSupreme Court of the United States · 1906
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Reid v. Southern Railway Co.Supreme Court of North Carolina · 1909
- McRackan v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909