United States Watch Case Co. v. Southern Express Co.
Supreme Court of North Carolina
Civil aotioN, tried at January, 1897, Special Term of Fohsyth Superior Court before Holce, J., and a jury. The plaintiff complained for the non-payment of the sum of seven dollars, the value of a package delivered by it to the defendant to be sent C. O. D. to Westville, S. C., from Winston, N. C. It appeared from the testimony that the package was delivered to defendant for shipment on October 28, 1892; that the time between Winston, N. C., and Westville, S. C., was two or…
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Civil aotioN, tried at January, 1897, Special Term of Fohsyth Superior Court before Holce, J., and a jury. The plaintiff complained for the non-payment of the sum of seven dollars, the value of a package delivered by it to the defendant to be sent C. O. D. to Westville, S. C., from Winston, N. C. It appeared from the testimony that the package was delivered to defendant for shipment on October 28, 1892; that the time between Winston, N. C., and Westville, S. C., was two or three days; that hearing nothing of the package, plaintiff ordered its return, whereupon, after tracing it, the defendant…
1Opinion of the Court
ClaeK, J.:
The stipulation that the defendant should not be liable for loss or damage, unless demand was made in writing within thirty days from the date of bill of lading, was held an unreasonable restriction of the common law liability of a common carrier and void in Cigar Co. v. Express Co., ante. Rut, aside from that, the defendant waived this stipulation and is estopped by answering plaintiff’s demand for return of the package that it was searching for it, and then, when it was found, accepting plaintiff’s instruction to sell the same. It was not until July, 1893, that the defendant…
2Cited by8 opinions
- Pacific Coast Co. v. Yukon Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1907
- Gwyn Harper Manufacturing Co. v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1901
- Southern Ry. Co. v. Mooresville Cotton MillsCourt of Appeals for the Fourth Circuit · 1911
- Deans v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
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