Cardwell v. Southern Railway Co.
Supreme Court of North Carolina
Civil actioN, tried on appeal from the court of a justice of the peace before Allen, J., and a jury, at July, 1907, Special Term of the Superior Court of Alamance County. There was evidence tending to show that plaintiff had sold to one M. J. Blue a package of harness worth $24.50, to be delivered at Efland, N. 0., the stipulation as to delivery at Efland being a part of the contract of sale.
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Civil actioN, tried on appeal from the court of a justice of the peace before Allen, J., and a jury, at July, 1907, Special Term of the Superior Court of Alamance County. There was evidence tending to show that plaintiff had sold to one M. J. Blue a package of harness worth $24.50, to be delivered at Efland, N. 0., the stipulation as to delivery at Efland being a part of the contract of sale. The plaintiff had same shipped by defendant company from Burlington, N. 0., to Efland, N. C., prepaying the freight charges and taking a bill of lading therefor as shipped to M. J. Blue. That defendant…
1Opinion of the Court
Horen, J.,
after stating the case: The statute has been upheld, as a constitutional enactment in Walker's case, 137 N. C., 163; Stone's case, 144 N. C., 220, and other decisions of like import, and the'principle upon which it rests has been affirmed in Efland's case (defendant’s appeal), at the present term. It is chiefly urged for error by appellant that plaintiff is not the “party aggrieved,” under the principle announced in Stone's case, supra, in that it was held: “When goods are delivered to a common carrier for transportation, and bill of lading issued, the title, in the absence of any…
2Cases cited3 opinions
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Walker v. RailroadSupreme Court of North Carolina · 1904
3Cited by10 opinions
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Davis v. Southern Railway Co.Supreme Court of North Carolina · 1908
- Buggy Corporation v. . R. R.Supreme Court of North Carolina · 1910
- Produce Trading Co. v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
- Gaskins v. Southern Railway Co.Supreme Court of North Carolina · 1909
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