Bowers v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a civil action, tried at Spring Term, 1890, of Jackson Superior Court, before Connor, J. It is alleged in substance in the complaint that five boxes of mica were shipped to the plaintiffs from the city of Boston, and that the defendant and others, common carriers, contracted with the plaintiffs to transport the same for certain compensation, etc.; and it is further alleged— “ 4. That the defendant, in compliance with the said contract for hire, entered into in the…
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This was a civil action, tried at Spring Term, 1890, of Jackson Superior Court, before Connor, J. It is alleged in substance in the complaint that five boxes of mica were shipped to the plaintiffs from the city of Boston, and that the defendant and others, common carriers, contracted with the plaintiffs to transport the same for certain compensation, etc.; and it is further alleged— “ 4. That the defendant, in compliance with the said contract for hire, entered into in the said city of Boston, undertook to carry the said five boxes of mica safely from the town of Salisbury, North Carolina, to…
1Opinion of the CourtMerrimoN, C. J.
after stating the case: It is settled that under the present method of civil procedure when the breach of a contract involves a tort, the complaining party may waive the contract and sue for and recover damages for the tortious injury. In such case, if the damages alleged in good faith are fifty dollars or less the court of a Justice of the Péace will have jurisdiction; if for that or a greater sum the Superior Court will have jurisdiction. Bullinger v. Marshall, 70 N. C., 520; Ashe v. Gray, 88 N. C , 190; Noville v. Dew, 94 N. C , 43; Harvey v. Hambright, 98 N. C., 446; Edwards v. Cowper, 99…
2Cases cited7 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- F. E. Winslow v. . Henry Weith, SheriffSupreme Court of North Carolina · 1872
- Hannah v. Richmond & Danville RailroadSupreme Court of North Carolina · 1882
- Harvey v. . HambrightSupreme Court of North Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
- Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
12 more not listed; retrieve them via the Exa API.