Cooper v. Norfolk Southern Railroad
Supreme Court of North Carolina
AppeaE by defendant from Daniels, J., at September Term, 1912, of VaNCe. Tbis action is to recover damages for the loss of a diamond, which the defendant admits was a part of the baggage of the plaintiff.
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AppeaE by defendant from Daniels, J., at September Term, 1912, of VaNCe. Tbis action is to recover damages for the loss of a diamond, which the defendant admits was a part of the baggage of the plaintiff. Plaintiff introduced testimony tending to show that she resided in Texas, and being on a visit at Henderson, N. C., she went with another or others from Henderson to Morehead City; that her trunk was packed and delivered, locked and in good condition, to the S. A. L. Railway, and checked by it through to Morehead late in the afternoon of 6 July, 1911; that her kinsman purchased a return…
1Opinion of the CourtAlleN, J.
The question presented by the appeal is as to the validity of the stipulation in the ticket limiting liability, and as the jury has found that the damage sustained was the result of negligence, and the transaction is intrastate, it is controlled by Mule Co. v. R. R., 160 N. C., 215.
Tbe cases of Express Co. v. Croninger, R. R. v. Latta, and R. R. v. Miller, relied on by tbe defendant, in wbieb opinions were filed by tbe Supreme Court of tbe United States on 6 January, 1913, decide tbat a stipulation in a bill of lading, similar to tbe one before us, is valid and limits tbe recovery, and these…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
3Cited by3 opinions
- First Trust Co. v. SmithNebraska Supreme Court · 1938
- Singleton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1932
- Knight v. Carolina Coach Co.Supreme Court of North Carolina · 1931