Vaughan v. . Raleigh and Gaston R. R. Company
Supreme Court of North Carolina
Case, tried before Gilliam, J., at Spring Term 1868, of the Superior Court of Hertford. The plaintiff sought to charge the defendant as a common carrier, with the value of seven and a half bales of cotton alleged to have been stolen while in the defendant’s possession. The evidence was that the plaintiff’s agent, one Eutrell, took a quantity of cotton to the depot at Henderson and offered to deliver it to tbe defendant’s agent, one Moore.
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Case, tried before Gilliam, J., at Spring Term 1868, of the Superior Court of Hertford. The plaintiff sought to charge the defendant as a common carrier, with the value of seven and a half bales of cotton alleged to have been stolen while in the defendant’s possession. The evidence was that the plaintiff’s agent, one Eutrell, took a quantity of cotton to the depot at Henderson and offered to deliver it to tbe defendant’s agent, one Moore. The defendant had an old and a new warehouse at Henderson, and Moore told Futrell that he had room for only eight bales. These he received and stored in the…
1Opinion of the CourtReade, J.
As bearing upon the question whether the Rail Road had received the cotton for transportation as a common carrier, and as confirmatory of the statement of the Agent that it had not, the defendant offered to ask the Agent whether it was not the custom to weigh and mark goods as they were taken for transportation, the goods in question not having been weighed and marked. The evidence as to the custom was ruled out. In. tbis there was error; and for this error there must be a venire de novo.
The learning upon the question will be found in the authorities cited at the bar. See especially Price v.…
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