Norfolk Southern Railroad v. New Bern Iron Works & Supply Co.
Supreme Court of North Carolina
Civil actioN to recover freight charges, together with an account for demurrage and storage of goods, tried before Whedbee, J., and a jury, at May Term, 1916, of CbaveN.
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Civil actioN to recover freight charges, together with an account for demurrage and storage of goods, tried before Whedbee, J., and a jury, at May Term, 1916, of CbaveN. Plaintiff, having issued summons to Superior Court, filed its complaint and insisted on recovery of $130.50 freight charges (by mistake for $139.50), with demurrage charges, $50, and also storage charges, $219.45, since 29 September, 1909, the date when-the consignee was notified in New Bern of arrival of goods and refused to receive same, claiming that the freight charge was erroneous and excessive. His Honor held that there…
1Opinion
Defendant also appealed in this case for the alleged reason that the Superior Court did not have jurisdiction of the cause, the legitimate demand of plaintiff being only for the freight of $130.50, and so recoverable only before a justice of the peace.
We have repeatedly held that the true test of jurisdiction in such cases is the amount demanded in good faith, and when this appears to be over $200, the Superior Court has jurisdiction, though the recovery may be less than that sum. Tillery v. Benefit Society, 165 N.C. 262; Brock v. Scott,159 N.C. 516.
On the record, we think the present case…
2Cases cited4 opinions
- Holloman v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Brock v. . ScottSupreme Court of North Carolina · 1912
- Tillery v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Atlantic Coast Line Railroad v. West Paving Co.Supreme Court of North Carolina · 1947