Southerland v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN heard by Guión, J., upon facts agreed, at June Term, 1908, of WayNe, brought to recover of the defendant a penalty of $50 for failure to settle a claim within sixty days, under Revisal, sec. 2634. The facts agreed are as follows: A package of freight shipped from a station of the Southern Railway, within the State of North Carolina, to Mount Olive, in said State, which is situate on the Atlantic Coast Line Railroad, was lost.
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ActioN heard by Guión, J., upon facts agreed, at June Term, 1908, of WayNe, brought to recover of the defendant a penalty of $50 for failure to settle a claim within sixty days, under Revisal, sec. 2634. The facts agreed are as follows: A package of freight shipped from a station of the Southern Railway, within the State of North Carolina, to Mount Olive, in said State, which is situate on the Atlantic Coast Line Railroad, was lost. Claim therefor was filed with the agent of the Atlantic Coast Line Railroad Company at Mount Olive, and was not paid within the sixty days prescribed by the…
1Opinion of the Court
Wat,Km?, L,
after stating the case: This undoubtedly is a hard case, when viewed with reference to the facts as they now seem to be, but in the decision of all causes we must be guided by well-established legal principles and not by our notions of what may be the general equity or justice of the particular case.
Tbe defendant is sued for not adjusting and paying a claim for tbe loss of property while in its possession as a common carrier, under section 2634 of tbe Revisa! There bad formerly been a suit between tbe parties, in which tbe present plaintiff alleged that tbe property bad been lost…
2Cases cited2 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
3Cited by8 opinions
- King v. GrindstaffSupreme Court of North Carolina · 1973
- Byers v. . ByersSupreme Court of North Carolina · 1943
- Byers v. ByersSupreme Court of North Carolina · 1943
- Cannon v. . CannonSupreme Court of North Carolina · 1943
- Clinard v. Town of KernersvilleSupreme Court of North Carolina · 1940
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