Basnight v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Civil action, tried before Winston, J., at Spring Term, 1892, of CraveN Superior Court. “The plaintiff contends that the Atlantic and North Carolina Railroad Company received from him a car load of lumber for transportation; that the lumber was destroyed by fire and was not delivered by the said railroad company through their negligence; that the railroad company is a common carrier, and is liable as insurer to the plaintiff in the sum of damage to $159.99. The defendant…
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Civil action, tried before Winston, J., at Spring Term, 1892, of CraveN Superior Court. “The plaintiff contends that the Atlantic and North Carolina Railroad Company received from him a car load of lumber for transportation; that the lumber was destroyed by fire and was not delivered by the said railroad company through their negligence; that the railroad company is a common carrier, and is liable as insurer to the plaintiff in the sum of damage to $159.99. The defendant denied all of the allegations of the plaintiff.” The foregoing constitutes the pleadings in the Justice’s Court, from which…
1Opinion of the Court
MacRae, J.:
We may consider this as a demurrer to the evidence, the defendant admitting the facts to be as testified to by plaintiff’s witnesses, and contending that upon the facts found the plaintiff is not entitled to recover.
We concur entirely with his Honor below in his conclusion that defendant’s liability was not that of a common carrier. Taking the facts most strongly in favor of the plaintiff, he asked of the defendant’s freight agent a car to load with lumber to go to Philadelphia. The agent pointed out to the plaintiff a car which he might use for the desired purpose. The plaintiff…
2Cases cited3 opinions
- O'Neill v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Chalk v. Charlotte, Columbia & Augusta RailroadSupreme Court of North Carolina · 1881
- McCombs v. N. C. RailroadSupreme Court of North Carolina · 1872
3Cited by18 opinions
- American Lead Pencil Co. v. Nashville, Chattanooga & St. Louis RailwayTennessee Supreme Court · 1910
- National Importing & Trading Co. v. E. A. Bear & Co.Illinois Supreme Court · 1927
- Kansas City, M. & O. Ry. Co. v. CoxSupreme Court of Oklahoma · 1910
- Pittsburg, C., C. & St. L. Ry. Co. v. American Tobacco Co.Court of Appeals of Kentucky · 1907
- Lewis v. Farmers Grain & Milling Co.California Court of Appeal · 1921
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