Nance v. Southern Railway
Supreme Court of North Carolina
This was an action to recover a penalty alleged to have accrued against defendant for refusing to permit plaintiff, standard-keeper of Surry County, to examine and adjust defendant’s scales used by it at Pilot Mountain, N. C. There was no evidence that' the scales were used in “buying or selling.” Plaintiff showed that defendant used them in “weighing freight for shipment.” Iiis Honor being of the opinion that plaintiff could not recover rendered judgment of non-suit.
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This was an action to recover a penalty alleged to have accrued against defendant for refusing to permit plaintiff, standard-keeper of Surry County, to examine and adjust defendant’s scales used by it at Pilot Mountain, N. C. There was no evidence that' the scales were used in “buying or selling.” Plaintiff showed that defendant used them in “weighing freight for shipment.” Iiis Honor being of the opinion that plaintiff could not recover rendered judgment of non-suit. Plaintiff appealed.
1Opinion of the Court
CLARK, C. J., and HOKE, J., dissenting. This was an action to recover a penalty alleged to have accrued against defendant for refusing to permit plaintiff, standard-keeper of Surry County, to examine and adjust defendant's scales used by it at Pilot Mountain, N.C. There was no evidence that the scales were used in "buying or selling." Plaintiff showed that defendant used them in "weighing freight for shipment." His Honor being of the opinion that plaintiff could not recover rendered judgment of nonsuit. Plaintiff appealed. The right of the plaintiff to maintain this action depends upon the…
2Cases cited5 opinions
- Gardner v. CollinsSupreme Court of the United States · 1829
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- State v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1837
- Southwestern Railroad v. CohenSupreme Court of Georgia · 1873
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- Heaton v. City of CharlotteSupreme Court of North Carolina · 1971
- Mary G. Bruce, Administratrix of the Estate of Walter B. Bruce, Deceased v. Lumbermens Mutual Casualty Company, a CorporationCourt of Appeals for the Fourth Circuit · 1955
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