Williams v. . Branson
Supreme Court of North Carolina
~i > From Moore, j This was an action on the case, to recover damages of the Defendant for the loss of a hogshead of sugar. The case was, that the Defendant was the owner of a boat that carried freight on the Cape-Fear River', between Fayetteville and Wilmington.
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~i > From Moore, j This was an action on the case, to recover damages of the Defendant for the loss of a hogshead of sugar. The case was, that the Defendant was the owner of a boat that carried freight on the Cape-Fear River', between Fayetteville and Wilmington. His skipper contracted W'ith the Plaintiff’s agent at Wilmington, to carry from that place to the town of Fayetteville, certain articles, for which lie gave a receipt in the following words5 to wit: “ Wilmington, 11th Ileo. 1806. “ Received of Mr. Henry Williams, in good order and well conditioned, the following articles, viz : 1…
1Opinion of the CourtTayior, Judge
If the loss of the property were occasioned by such an accident as came fairly within the scope of the exception contained in the bill of lading, or receipt, the Defendant ought not to be responsible ,• otherwise, he must be, upon every principle applicable to the duty of common carriers.
The words of that paper are, “ dangers of the river only excepted,” arid signify the natural accidents incident to that navigation; not such as might be avoided by the exercise of that discretion and foresight, which arc expected from persons in such employment.
Nor indeed is every loss proceeding from a…
2Cited by4 opinions
- West Virginia Pulp & Paper Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1954
- Williams v. Sossoman's Funeral Home, Inc.Supreme Court of North Carolina · 1958
- Sabine Towing & Transportation Co.United States Court of Claims · 1978
- McFarland v. . McDowellSupreme Court of North Carolina · 1813