Thompson v. Southern Express Co.
Supreme Court of North Carolina
Civil ACTION, tried on demurrer by defendant, before Moore, J., and a jury, at October Term, 1906, Superior Court of Orange County.
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Civil ACTION, tried on demurrer by defendant, before Moore, J., and a jury, at October Term, 1906, Superior Court of Orange County. Tbe complaint alleged, in substance, that plaintiff having bought and paid for two dollars’ worth of whiskey at Wilmington, N. C., where it was lawful to make and sell whiskey, defendant company agreed to transmit and deliver said whiskey to plaintiff at Mebane, N. C. That on or about 1 June, 1906, the whiskey having arrived at Mebane in good order and properly addressed to plaintiff, plaintiff applied to agent of defendant company for same, offering to pay the…
1Opinion of the CourtHoke, J.
Without comment on the merits or legal bearings of this controversy as they shall appear when the facts are established, we are of opinion that the demurrer of defendant was properly overruled.
The mental suffering for which plaintiff demands compensation is not set forth as a separate cause of action at all, but is stated and claimed as damages incident to a cause of action for a wrongful failure on the part of defendant company to deliver the whiskey. This being true, it is not open to defendant by demurrer to eliminate the element of damage from plaintiff’s demand; and such a demurrer,…
2Cases cited5 opinions
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Hall v. Telegraph Co.Supreme Court of North Carolina · 1905
- Coward v. . MeyersSupreme Court of North Carolina · 1888
- State Ex Rel. Sumner v. YoungSupreme Court of North Carolina · 1871
- Boyd v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1903
3Cited by9 opinions
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Brock v. . ScottSupreme Court of North Carolina · 1912
- Bundy v. . Credit Co.Supreme Court of North Carolina · 1932
- Faircloth v. . KenlawSupreme Court of North Carolina · 1914
- Bundy v. Commercial Credit Co.Supreme Court of North Carolina · 1932
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