Extinguisher Co. v. Railroad
Supreme Court of North Carolina
ActioN by the General Eire Extinguisher Company, heard by Judge W. B. Allen and a jury, at July Term, 1904, of the Superior Court of Mecklenburg County.
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ActioN by the General Eire Extinguisher Company, heard by Judge W. B. Allen and a jury, at July Term, 1904, of the Superior Court of Mecklenburg County. Plaintiff, on March 12, 1902, delivered to the Seaboard Air Line Railway Company at Charlotte a car-load of iron piping to be delivered to the Rhodis Manufacturing Company at Granite Ealls, N. C. The Seaboard Air Line Railway Company issued therefor its bill of lading — “Released”— contracting to deliver it to the consignee or to its connecting line at Lincolnton, N. C., to be carried to its destination. The jury, in response to an issue…
1Opinion of the Court
Connor, J.,
after stating the case. In the view which we take of the case it becomes unnecessary to pass upon the defendant’s exceptions to his Honor’s charge upon the first issue. Assuming that, as found by the jury, the piping had been delivered to the defendant company and that the defendant was in default in not having, as was its duty, a sufficient number of cars to send it within a reasonable time to Granite Falls, we are of the opinion that the defendant was entitled to the instruction asked, and his Honor should not have given the instruction asked by the plaintiff. The defendant, by…
2Cases cited14 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Russell v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Hinshaw v. Raleigh & Augusta Air Line R. R.Supreme Court of North Carolina · 1896
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Michigan Central Railroad v. BurrowsMichigan Supreme Court · 1875
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3Cited by10 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Bowers v. East Tennessee & Western North Carolina RailroadSupreme Court of North Carolina · 1907
- Ballinger v. . RaderSupreme Court of North Carolina · 1909
- Bowers v. . R. R.Supreme Court of North Carolina · 1907
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