Walker v. Railroad
Supreme Court of North Carolina
ActioN by DuM. Walker and another against tbe Southern Railway Company, beard by Judge G. M. Coolce, at May Term, 1904, of the Superior Court of Alamance County.
Read the full summary
ActioN by DuM. Walker and another against tbe Southern Railway Company, beard by Judge G. M. Coolce, at May Term, 1904, of the Superior Court of Alamance County. This action was brought to recover the penalty for failure to transport freight, given by chapter 590, section 3, of the Acts of 1903. Plaintiffs alleged that there had been a. delay of four days and demanded judgment for forty dollars, that is, twenty-five dollars for the first day and five dollars per day for the next three days of delay. The material portion of the evidence was as follows: “(1) Bill of lading issued by the…
1Opinion of the Court
CLARK, C. J., and DOUGLAS, J., dissenting. This action was brought to recover the penalty for failure to transport freight, given by chapter 590, section 3, Laws 1903. Plaintiffs alleged that there had been a delay of four days and demanded judgment for $40, that is, $25 for the first day and $5 per day for the next three days of delay. The material portion of the evidence was as follows:(1) Bill of lading issued by the defendant bearing date Cumnock, N.C. 27 May, 1903, for a car-load of lumber, to be transported to the plaintiffs at Graham, N.C. J. R. Burns was the shipper.(2) The receipt of…
2Cases cited6 opinions
- Smith v. AlabamaSupreme Court of the United States · 1888
- SHERLOCK v. Alling, AdmInistratorSupreme Court of the United States · 1876
- Railroad Co. v. FullerSupreme Court of the United States · 1873
- Bagg v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. DwyerCourt of Appeals of Texas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Garrison v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Alexander v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
9 more not listed; retrieve them via the Exa API.