Mitchell v. Carolina Central Railroad
Supreme Court of North Carolina
Civil AotioN to recover damages for injury to live stock, transported over defendant’s road, tried before Norwood, J., at Eall Term, 1898, of CbavbN Superior Court. Tbe animals were transported by connecting lines from Nashville, Tenn., to New Bern, N. C., under a bill of lading lirpifriug' tbe common-law liability of common carriers, in consideration of reduced rates. In tbe transit one of tbe animals, a mule, died on tbe cattle-car of tbe defendant.
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Civil AotioN to recover damages for injury to live stock, transported over defendant’s road, tried before Norwood, J., at Eall Term, 1898, of CbavbN Superior Court. Tbe animals were transported by connecting lines from Nashville, Tenn., to New Bern, N. C., under a bill of lading lirpifriug' tbe common-law liability of common carriers, in consideration of reduced rates. In tbe transit one of tbe animals, a mule, died on tbe cattle-car of tbe defendant. TTis Honor charged tbe jury tbat, notwithstanding tbe contract, tbe defendant was liable for tbe exercise of proper care in handling and…
1Opinion of the CourtDouglas, J.
We can not assent to tbe proposition tbat in cases of limited liability tbe burden of proof rests upon tbe plaintiff to show primarily the negligence of tbe defendant. In the case before us the plaintiff brought suit for the value of a mule, which was shipped to him from Nashville, Tennessee, in a car with other horses and mules. When tbe ear reached New Bern tbe mule was missing. Tbe plaintiff has no means of knowing what became of it, except information furnished by the defendant, who says tbat it died en route. This may be true, and we presume it is, from the testimony for the defendant,…
2Cases cited10 opinions
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- Pollard v. VintonSupreme Court of the United States · 1882
- Yonley v. LavenderSupreme Court of the United States · 1875
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- State v. . McDuffieSupreme Court of North Carolina · 1890
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3Cited by25 opinions
- Skyland Hosiery Co. v. American Railway Express Co.Supreme Court of North Carolina · 1922
- Meredith v. RailroadSupreme Court of North Carolina · 1905
- Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
- Everett v. RailroadSupreme Court of North Carolina · 1905
- Hinkle, Craig & Co. v. Southern Railway Co.Supreme Court of North Carolina · 1900
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