Holloman v. Southern Railway Co.
Supreme Court of North Carolina
Civil actioN tried before Long, J., and a jury, at May Term, 1916, of FoRsyth. The action was brought for the recovery of certain knitting mill machinery which was shipped from Ealeigh, N. 0., to the plaintiff at Kernersville, N. C. "When the machinery arrived at Kernersville it was found to be in a damaged condition, and plaintiff refused to receive it, according to plaintiff’s version of the facts, unless the defendant would take a qualified receipt for it, showing its bad…
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Civil actioN tried before Long, J., and a jury, at May Term, 1916, of FoRsyth. The action was brought for the recovery of certain knitting mill machinery which was shipped from Ealeigh, N. 0., to the plaintiff at Kernersville, N. C. "When the machinery arrived at Kernersville it was found to be in a damaged condition, and plaintiff refused to receive it, according to plaintiff’s version of the facts, unless the defendant would take a qualified receipt for it, showing its bad condition, which defendant declined to do. The machinery was, therefore, placed in defendant’s warehouse. Plaintiff…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff, in his’brief, states his contention as follows:
“The judgment in this case is clearly erroneous in adjudging that the defendant is entitled to recover storage charges, because:
“1. The defendant’s right to recover storage charges is dependent upon notice of the arrival of the shipment in accordance with the rules of the Corporation Commission; and there was no competent evidence to prove such notice.
“2. The defendant was estopped from asserting the right to claim storage charges.
“3. The court decided as a matter of law that the right to- charge…
2Cases cited16 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- Jones v. . CallSupreme Court of North Carolina · 1885
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Belding v. ArcherSupreme Court of North Carolina · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Lunnie v. GadapeeSupreme Court of Vermont · 1950
- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
- Ellis v. . EllisSupreme Court of North Carolina · 1927
- McDaniel v. . LeggettSupreme Court of North Carolina · 1945
14 more not listed; retrieve them via the Exa API.