Lyon v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at December Term, 1913, of Pitt. . This action was brought to recover damages for negligently failing to ship and deliver to plaintiff certain dry goods and bed-ends with rails attached. The goods were delivered to defendant at Ayden, N. C., and consigned to plaintiff at Newport News, Ya. (via Pinner’s Point, Ya.), where plaintiff was living at the time.
Read the full summary
Appeal by defendant from Whedbee, J., at December Term, 1913, of Pitt. . This action was brought to recover damages for negligently failing to ship and deliver to plaintiff certain dry goods and bed-ends with rails attached. The goods were delivered to defendant at Ayden, N. C., and consigned to plaintiff at Newport News, Ya. (via Pinner’s Point, Ya.), where plaintiff was living at the time. The goods were transported by defendant to Pinner’s Point, and there delivered to the Old Dominion Steamship Company, and were carried by it to Newport News. Plaintiff inquired at the office of the…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe exceptions relate mostly to tbe first issue, which was found in favor of tbe defendant, and this fact rendered harmless any error committed by tbe court in regard to that issue, and the judgment is not reversible for that reason. Vickers v. Leigh, 104 N. C., 248; Graves, v. Trueblood, 96 N. C., 496; Perry v. Insurance Co., 137 N. C., 402. But we do not see that there was any error, so far as tbe first issue is concerned.
As to tbe second issue: There was evidence that plaintiff requested tbe agent at Ayden to have tbe packages returned to him at Ayden…
2Cases cited15 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- United States v. Denver & Rio Grande RailroadSupreme Court of the United States · 1903
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Vickers v. . LeighSupreme Court of North Carolina · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- F. E. Lykes & Co. v. GroveSupreme Court of North Carolina · 1931
- Hill v. . StansburySupreme Court of North Carolina · 1942
- Mewborn v. . R. R.Supreme Court of North Carolina · 1915
- Plemmons v. MurpheySupreme Court of North Carolina · 1918
6 more not listed; retrieve them via the Exa API.