Hosiery Mills v. . Hines
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at Hay Term, 1922, oí Obaluje. Tbe plaintiff alleges that it delivered to tbe defendant, at Efland, N. 0., in October and November, 1918, five consignments of hosiery for transportation to Lykens, Pa. Tbat tbe shipments were consigned to plaintiff, “order notify Enterprise Hosiery Mills, Lykens, Pa.,” which is' on the Pennsylvania Railroad, and that uniform “order notify” through bills of lading were issued covering said shipments.
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Appeal by defendant from Kerr, J., at Hay Term, 1922, oí Obaluje. Tbe plaintiff alleges that it delivered to tbe defendant, at Efland, N. 0., in October and November, 1918, five consignments of hosiery for transportation to Lykens, Pa. Tbat tbe shipments were consigned to plaintiff, “order notify Enterprise Hosiery Mills, Lykens, Pa.,” which is' on the Pennsylvania Railroad, and that uniform “order notify” through bills of lading were issued covering said shipments. The goods arrived at their destination, and the Enterprise Hosiery Mills was notified and refused to accept the same; the goods…
1Opinion of the CourtWalker, J.
The alleged cause of action arose during the period in which the railroads were operated by the United States Government, under the Director General, and this action is brought against the Director General of Eailroads, operating Southern Kailroad lines as the initial carrier. The plaintiff is seeking to hold the initial carrier liable for its alleged damages under the provisions of the Federal law known as the Oarmack (now Cummins) Amendment.
The defendant’s second exception is to the refusal of the trial judge to dismiss this action as of nonsuit at the conclusion of the plaintiff’s…
2Cases cited3 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DettlebachSupreme Court of the United States · 1916
- Norfolk & Western Railway Co. v. Stuart's Draft Milling Co.Supreme Court of Virginia · 1909
3Cited by3 opinions
- Deer Park Baking Co. v. Cleveland & Chicago Motor Express Co.Ohio Court of Appeals · 1946
- Lawshe v. Norfolk Southern RailroadSupreme Court of North Carolina · 1926
- Bibb Manufacturing Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Court of Appeals of Georgia · 1926