Gaskins v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Peebles, J., May Term, 1909, of Beaueoet. This action was bfought against the defendants, the Atlantic Coast Line Railroad Company and the Southern Railway Company, to recover damages for injury to a soda fountain, which was delivered by the plaintiff to the first-named company at Grifton, N. C., to be shipped via Selma, N. 0., to J. 0. Reitzel, at Liberty, N. C., a station on the Southern Railway.
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Appeal from Peebles, J., May Term, 1909, of Beaueoet. This action was bfought against the defendants, the Atlantic Coast Line Railroad Company and the Southern Railway Company, to recover damages for injury to a soda fountain, which was delivered by the plaintiff to the first-named company at Grifton, N. C., to be shipped via Selma, N. 0., to J. 0. Reitzel, at Liberty, N. C., a station on the Southern Railway. When it was delivered for shipment the soda fountain was in good condition. The plaintiff alleges in his complaint “That the soda fountain and fixtures were his property, and by…
1Opinion of the CourtWalker, J.
It appears in this case that the fountain was delivered to the carrier by the plaintiff, who had sold it to Reit-zel, and who received from the carrier an open bill of lading, by which the latter agreed to transport and deliver the fountain to the consignee, Reitzel, at Liberty, N. C., the shipment to be made over the lines of the two defendants. The case, therefore, is governed by the principle settled by this Court in Stone v. Railroad, 144 N. C., at p. 228, and Manufacturing Co. v. Railroad, 149 N. C., 261. In the former of these cases we held it to be “undoubtedly true that in the absence…
2Cases cited6 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- State v. Patterson.Supreme Court of North Carolina · 1904
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Crook v. CowanSupreme Court of North Carolina · 1870
- Cardwell v. Southern Railway Co.Supreme Court of North Carolina · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Buggy Corporation v. . R. R.Supreme Court of North Carolina · 1910
- Hamlet Grocery Co. v. Southern Railway Co.Supreme Court of North Carolina · 1915
- Grocery Co. v. . R. R.Supreme Court of North Carolina · 1915
- Elliott v. Southern Railway Co.Supreme Court of North Carolina · 1911
1 more not listed; retrieve them via the Exa API.