Harris v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil actioN to recover value or damage for tbe loss of two shipments of goods over defendant railroad, consigned to plaintiff, tbe owner, at "Washington, N. C., tried before Lyon, J., and a jury, at September Term, 1916, of Pitt.
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Civil actioN to recover value or damage for tbe loss of two shipments of goods over defendant railroad, consigned to plaintiff, tbe owner, at "Washington, N. C., tried before Lyon, J., and a jury, at September Term, 1916, of Pitt. There was evidence on part of plaintiff tending to show that the goods, to the value of about $1,000, on 2 and 3 September, 1913, were held by defendants as common carriers, and were at the time in a warehouse of the company situate on and over the river at Washington, N. C., awaiting reshipment to plaintiff, who was doing business at Falkland, and that the same had…
1Opinion of the CourtHoke, J.
The position is fully recognized here and elsewhere that a wind and rain storm of unusual extent and violence, one “so far outside of the ordinary range of human experience that the duty of exercising ordinary care does not require that it be anticipated or provided against,” is an act of God, within the meaning of the principle which ordinarily relieves a common carrier of liability in such cases. 29 Cyc., p. 441. And it is further held that, in order to its proper application, the negligence of the carrier must not have concurred as a proximate cause of the loss complained of. Tinder a…
2Cases cited1 opinion
- Barefoot v. . LeeSupreme Court of North Carolina · 1914
3Cited by4 opinions
- Lawrence v. . Power Co.Supreme Court of North Carolina · 1925
- Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918
- Lawrence v. Yadkin River Power Co.Supreme Court of North Carolina · 1925
- Tuthill v. Norfolk Southern RailroadSupreme Court of North Carolina · 1917