Culbreth v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at the February Term, 1915, of Columbus. Civil action. Plaintiff sued for damages resulting from injuries to bousebold furniture which she had shipped via the Southern Railway Company and the defendant Atlantic Coast Line Railroad Company, from Raleigh, N. C., by way of Selma, N. 0., to Wilmington, N. C., under a bill of lading issued to and accepted by plaintiff, which contained this stipulation: “Claims for loss, damage or delay must…
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Appeal by defendant from Whedbee, J., at the February Term, 1915, of Columbus. Civil action. Plaintiff sued for damages resulting from injuries to bousebold furniture which she had shipped via the Southern Railway Company and the defendant Atlantic Coast Line Railroad Company, from Raleigh, N. C., by way of Selma, N. 0., to Wilmington, N. C., under a bill of lading issued to and accepted by plaintiff, which contained this stipulation: “Claims for loss, damage or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after the…
1Opinion of the Court
Walker, J.,
after stating the case: It has been well settled by our decisions, and it would seem to be an elementary rule of the law, that a bill of lading issued by the carrier of goods and accepted by the shipper and consignee constitutes a contract between them, and that each of them is governed by its terms, and their respective rights and liabilities are regulated thereby. 6 Cyc., 417; Post v. R. R., 138 Ga., 763. It is usual to insert in bills of lading or other contracts for shipment a provision that written notice of a claim for loss or damage to the goods shall be given to the carrier…
2Cases cited15 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
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3Cited by8 opinions
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
- Austin v. . R. R.Supreme Court of North Carolina · 1909
- Moore v. American Railway Express Co.Supreme Court of North Carolina · 1921
3 more not listed; retrieve them via the Exa API.