Hamlet Grocery Co. v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at April Term, 1915, of Hoke. Civil action tried upon a waiver of trial by jury. It appears by the findings of fact that, on 20 October, 1913, the E. J. Eeynolds Tobacco Company, as consignor, at the request of the plaintiff, delivered to the Southern Eailway Company, at Winston, N. C., twenty caddies of tobacco and received from it for transportation and delivery to Farmers Furnishing Company at Eaeford, N. O., a bill of lading,…
Read the full summary
Appeal by defendant from Allen, J., at April Term, 1915, of Hoke. Civil action tried upon a waiver of trial by jury. It appears by the findings of fact that, on 20 October, 1913, the E. J. Eeynolds Tobacco Company, as consignor, at the request of the plaintiff, delivered to the Southern Eailway Company, at Winston, N. C., twenty caddies of tobacco and received from it for transportation and delivery to Farmers Furnishing Company at Eaeford, N. O., a bill of lading, describing the tobacco company as consignor, by which the railway company agreed to ship the tobacco to the Farmers Furnishing…
1DissentClark, C. J.
This action was begun before a justice of tbe peace to recover $34 for tbe loss of ten caddies of tobacco shipped *248on plaintiff’s order from Winston, N. C., 20 October, 1913, by tbe R. J. Reynolds Tobacco Co. to Farmers Furnishing Co. at Raeford, N. C., which-were lost on the line of the defendant’s railroad and never delivered. The Farmers Furnishing Co. (who had not paid the plaintiff for the ten boxes) charged back the value of same ($34) to the plaintiff, by whose order the tobacco had been shipped, and released to the plaintiff all claim against the railroad company for the loss.
On 9…
2Cases cited5 opinions
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- State Ex. Rel. Petty v. RousseauSupreme Court of North Carolina · 1886
- Buggy Corporation v. . R. R.Supreme Court of North Carolina · 1910
- Robertson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Jeans v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913