White v. Norfolk & Southern Railroad
Supreme Court of North Carolina
Civil actioN, beard at Spring Term, 1894, of Chowan Superior Court, by Armfield, J, and a jury. It was in evidence that the defendant owned several steamboats, fully manned and equipped, which it used in its business upon its regular line.
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Civil actioN, beard at Spring Term, 1894, of Chowan Superior Court, by Armfield, J, and a jury. It was in evidence that the defendant owned several steamboats, fully manned and equipped, which it used in its business upon its regular line. That in July, 1893, defendant chartered one of these boats, the Mary E. Roberts, with its regular crew and equipment, to C. D. Morris and K. R. Fere-bee, to run an excursion from Edenton to Nag’s Head, leaving on Saturday night and returning Sunday night, for the sum of $60. It was admitted that the route from Edenton to Nag’s Head was not one of…
1Opinion of the Court
MacRae, J.:
The first contention of defendant is that it is in no event liable because the boat had been chartered by Morris & Ferebee for the occasion, and the contract of carriage was between the last named parties and plaintiff. And. it is found in the case “ that defendant had no control or direction of said excursion or of said boat except that it employed the crew as aforesaid.” But the defendant is a corporation duly chartered under the laws of North Carolina and doing business as a common carrier of passengers, for the purpose of using not only its trains but one or more steamboats.…
2Cases cited2 opinions
- Hussey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Chamberlain v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1823
3Cited by25 opinions
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Cozine v. Hawaiian Catamaran, Ltd.Hawaii Supreme Court · 1966
- Texas Midland Railroad v. DeanTexas Supreme Court · 1905
- Hairston v. . Greyhound Corp.Supreme Court of North Carolina · 1942
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