McRary v. Southern Railway Co.
Supreme Court of North Carolina
Civil ACTION, tried before bis Honor, W. F. Harding, J., and a jury, at July Term, 1917, of DavidsoN. The action was to recover damages for breach of contract of shipment of a lot of antique furniture over defendant railroad and others, made by R. S. McRary, at Lexington, N. 0., on 2 November, 1914, consigned to Helen Ivey Company, plaintiff, at Germantown, Pa. Part of the furniture was lost and written notice of claim duly filed.
1Opinion of the CourtHoke, J.
There seems to have been no written bill of lading introduced in evidence, but there was parol testimony offered by plaintiff to the effect that on 2 November, 1914, plaintiff R. B. McRary shipped over defendant road and others to his coplaintiff, Helen Ivey, at Ger-mantown, Pa., a lot of antique furniture, and that a portion of said furniture was never delivered, in breach of the contract of shipment, and that the pecuniary damage sustained was $140 or more.
Judgment having been entered for plaintiff, pursuant to verdict, for-that amount it is objected for defendant that there are facts in…
2Cases cited5 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Virginia-Carolina Peanut Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Smith v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Davis v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
3Cited by4 opinions
- Aman v. Dover & Southbound RailroadSupreme Court of North Carolina · 1920
- Mann v. Fairfield & Elizabeth City Transportation Co.Supreme Court of North Carolina · 1918
- Reider v. ThompsonDistrict Court, E.D. Louisiana · 1953
- Schroader v. Railway Express Agency, Inc.Supreme Court of North Carolina · 1953