Forney v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Long, J., at March Term, 1914, of Cleve-LAND. Civil action to recover damages and penalty for the loss of a box of merchandise shipped to plaintiff on 7 October, 1911, from Hopkinsville, Ky., to Shelby, N. C. The plaintiff recovered judgment, and the defendant appealed.
1Opinion of the CourtBbowN, J.
The bill of lading for the box contains this clause: “Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then “within four months after a reasonable time for delivery has elapsed. Unless claims are so made, the carrier shall not be liable.”
The evidence shows that the box was addressed to Mrs. Lewis Forney, and that it arrived at defendant’s station of Shelby, N. C., on 30 October, 1911. On the bill of lading the consignee’s name…
2Cases cited6 opinions
- Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Lewis v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Southern Railway Co. v. BeamSupreme Court of the United States · 1912
- United States Watch Case Co. v. Southern Express Co.Supreme Court of North Carolina · 1897
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3Cited by1 opinion
- Anthony v. American Express Co.Supreme Court of North Carolina · 1924