Burlington Lumber Co. v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Long, J., at May Term, 1909, of Alamance. Tbe plaintiff sought to recover tbe penalty prescribed by Re-visal, 2631, for tbe refusal of tbe defendant to receive for shipment to Saginaw, Michigan, certain milling machinery tendered it by tbe plaintiff on 28 January, 1907, no bill of lading for said machinery being issued until 3 April, 1907. Tbe plaintiff’s contention was that tbe defendant failed and refused to receive said machinery for shipment upon tenders made…
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Appeal from Long, J., at May Term, 1909, of Alamance. Tbe plaintiff sought to recover tbe penalty prescribed by Re-visal, 2631, for tbe refusal of tbe defendant to receive for shipment to Saginaw, Michigan, certain milling machinery tendered it by tbe plaintiff on 28 January, 1907, no bill of lading for said machinery being issued until 3 April, 1907. Tbe plaintiff’s contention was that tbe defendant failed and refused to receive said machinery for shipment upon tenders made daily and continuously for a period of sixty-five days, and that by reason of said refusal said defendant became…
1Opinion of the Court
BROWN, J., dissenting; WALKER, J., concurring in the dissenting opinion. The exceptions 1, 2 and 12 are for failure to give certain prayers for instruction. On examination we find they were given substantially in the charge, which is sufficient. Harris v. R.R., 132 N.C. 163; R.R., v.Horst, 93 U.S. 201.
Exceptions 4, 5, 6 and 7, are for refusal to give defendant, s prayers for instruction 3, 4, 6 and 7, which, are in substance, that this being an interstate shipment, the defendant was required to establish, file and publish its rate between Burlington. N.C. and Saginaw, Mich., before shipping…
2Cases cited15 opinions
- The Daniel BallSupreme Court of the United States · 1871
- Coe v. ErrolSupreme Court of the United States · 1886
- Missouri Pacific Railway Co. v. Larabee Flour Mills Co.Supreme Court of the United States · 1909
- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
- Diamond Match Co. v. OntonagonSupreme Court of the United States · 1903
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3Cited by1 opinion
- Corbett v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1933