Lucas v. Norfolk Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at January Term, 1914, of CIbaveN. This is an action, to recover damages for injury to a shipment of potatoes from New Bern, N. 0., to Atlanta, Ga., under a bill of lading to the order of the plaintiff.
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Appeal by defendant from Daniels, J., at January Term, 1914, of CIbaveN. This is an action, to recover damages for injury to a shipment of potatoes from New Bern, N. 0., to Atlanta, Ga., under a bill of lading to the order of the plaintiff. Evidence was introduced tending to prove that the potatoes were delivered in good condition to the defendant Norfolk Southern Railroad Company at New Bern on 10 April, 1912; that said defendant selected the car in which the potatoes were shipped; that the shipment was transported promptly by said defendant, and delivered to the defendant the Southern…
1Opinion of the Court
AlueN, J.,
after stating the case: -It is the duty of the initial' carrier to furnish cars suitable for the transportation of goods delivered to it, and if it fails to perform this duty, it will be liable for any subsequent damage arising from the defective condition of the car, although such damage develops on the line of a connecting carrier. Hutchison on Carriers, vol. 2, see. 499; Forrester v. R. R., 147 N. C., 554.
When the connecting carrier accepts the shipment, it adopts the car or vehicle provided by. the initial carrier, and is responsible for any damages caused by its unfitness for…
2Cases cited2 opinions
- Cooper v. Seaboard Air Line RailroadSupreme Court of North Carolina · 1913
- Shea v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1896
3Cited by10 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- State v. . HowardSupreme Court of North Carolina · 1942
- State v. HowardSupreme Court of North Carolina · 1942
- Millers Mutual Insurance Association of Illinois v. Southern Railway Corporation, Millers Mutual Insurance Association of Illinois v. Central Soya CompanyCourt of Appeals for the Fourth Circuit · 1973
- E. H. Emery & Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1919
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