Jones v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN tried before W. R. Allen, J., and a jury, at May Term, 1908, of Cbaven, to recover damages alleged to Rave been sustained by plaintiff in shipment of a car load of horses and mules.
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ActioN tried before W. R. Allen, J., and a jury, at May Term, 1908, of Cbaven, to recover damages alleged to Rave been sustained by plaintiff in shipment of a car load of horses and mules. These issues were submitted to the jury: 1. “Was the mule in controversy delivered to the defendant ?” Answer: “No.” 2. “Was the gray horse in controversy injured while in possession of the defendant ?” Answer: “Yes.” 3. “Were the twenty-three animals delivered by defendant to plaintiff injured while in possession of defendant ?” Answer : “Yes.” ' 4. “If so, was said injury caused by the negligence of the…
1Opinion of the CourtBeown, J.
The evidence tends to prove that there was delivered to defendant a car load of horses, at Augusta, G-a., for shipment to plaintiff at New Bern, N. C.; that the stock were in good condition when delivered to defendant, and that when the car arrived at New Bern the animals were in a very bad condition — much worse than stock generally are at the end of a long journey; that one horse was dead in the car and the others badly bruised and much injured.
Eor the purpose of proving the condition of the stock when transferred from one freight conductor to another on different parts of its system, the…
2Cases cited4 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Meredith v. RailroadSupreme Court of North Carolina · 1905
- Miller v. ShayMassachusetts Supreme Judicial Court · 1887
3Cited by8 opinions
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- R. R. v. . HegwoodSupreme Court of North Carolina · 1930
- Washington Horse Exchange v. L. & N. RailroadSupreme Court of North Carolina · 1916
- J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Fort Worth & Denver City Railway Co. v. HegwoodSupreme Court of North Carolina · 1930
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