Hammer Lumber Co. v. Seaboard Air Line Railway
Supreme Court of North Carolina
Appeal by defendants from Allen, J., at October Term, 1919, of New HANovee, from a judgment upon tbe pleadings by Allen, J., against tbe Seaboard Air Line Railway and Walker D. Hines, Director General.
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Appeal by defendants from Allen, J., at October Term, 1919, of New HANovee, from a judgment upon tbe pleadings by Allen, J., against tbe Seaboard Air Line Railway and Walker D. Hines, Director General. Tbe judge by consent found tbe facts as follows: Tbe Easton Machinery Company bad shipped to it at Allenton, Pa., from Htica, N. Y., two carloads of boilers, tbe subject of this controversy; at Allenton, Pa., tbe said Easton Machinery Company, without paying said charges and without unloading, resbipped tbe said two cars of boilers on bills of lading from Allenton, Pa., to Wilmington, N. C., to…
1Opinion of the CourtClark, C. J.
Tbe shipper of tbe machinery was tbe Easton Machinery Company at Allenton, Pa., wbo-resbipped on tbe same cars this freight which it bad received from Utica, N. Y. Tbe bill of lading to tbe plaintiff carried only tbe charges on tbe freight from Allenton to Wilmington, but tbe way bill showed that there were “advance charges” from Utica to Allenton, and tbe freight came through without having been taken off tbe cars at Allenton. There was an agreement between tbe plaintiff and tbe shipper that if tbe freight did not come up to a certain test, which it did not do, tbe plaintiff could return it.…
2Cases cited4 opinions
- Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
- Myers v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
- Hockfield v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Produce Trading Co. v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
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- Bradshaw v. . R. R.Supreme Court of North Carolina · 1922
- W. J. Bradshaw & Co. v. Boston & Maine RailroadSupreme Court of North Carolina · 1922