Legal Opinion

Jones-Lane Co. v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided October 28, 1908PublishedCited by 10 opinions

ActioN tried before W. R. Allen, J., and a jury, at May Term, 1908, of Chaven, for tbe recovery of tbe value of one borse and one mule.

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ActioN tried before W. R. Allen, J., and a jury, at May Term, 1908, of Chaven, for tbe recovery of tbe value of one borse and one mule. These issues were submitted to tbe jury: 1. “Was tbe horse in controversy delivered to tbe defendant?” Answer: “No.” 2. “Was tbe mule in controversy injured while in possession of defendant?” Answer: “Yes.” 3. “If so, was such injury caused by tbe negligence of the defendant?” Answer: “Yes.” 4. “What damage, if any, is plaintiff entitled to recover ?” Answer: “Two hundred dollars.” From tbe judgment rendered tbe defendant appealed. •

1Opinion of the CourtBrown, J.

Plaintiff shipped a car load of horses and mules by defendant’s railway to Washington, N. C. Tbe jury have *582found that one of the mules was injured, while in the defendant’s possession, by its negligence.

We deem it necessary to notice only a few of the assignments of error.

1. The court charged the jury, if they believed .the evidence, to answer the second issue “Yes.” The testimony of defendant’s agent at Washington establishes the fact that the car load of stock arrived about noon on 11 January; that the agent “could not find plaintiffs and procured Winfield (a stable keeper) to take care of…

2Cases cited6 opinions

  1. Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
  2. Meredith v. RailroadSupreme Court of North Carolina · 1905
  3. Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
  4. Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
  5. Gardner v. Southern RailroadSupreme Court of North Carolina · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hinkle v. . R. R.Supreme Court of North Carolina · 1900
  2. Kime v. Southern Railway Co.Supreme Court of North Carolina · 1910
  3. Winslow v. . R. R.Supreme Court of North Carolina · 1909
  4. Everett v. . R. R.Supreme Court of North Carolina · 1905
  5. Kime v. Southern Railway Co.Supreme Court of North Carolina · 1911

5 more not listed; retrieve them via the Exa API.

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