Olive v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Lyon, J., at October Term, 1909, of Cumbee-land. Civil action to recover penalty of tbe defendant carrier for refusal to receive, for shipment, lumber tendered by tbe plaintiffs to defendant’s agent at Made, N. 0., for shipment to Henderson-Jarrett Company at Norfolk, Ya., and refusing to issue a bill of lading for tbe same, after due demand by tbe plaintiffs, and for damages suffered in consequence of such refusal.
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Appeal from Lyon, J., at October Term, 1909, of Cumbee-land. Civil action to recover penalty of tbe defendant carrier for refusal to receive, for shipment, lumber tendered by tbe plaintiffs to defendant’s agent at Made, N. 0., for shipment to Henderson-Jarrett Company at Norfolk, Ya., and refusing to issue a bill of lading for tbe same, after due demand by tbe plaintiffs, and for damages suffered in consequence of such refusal. Tbe cause coming on to be beard on demurrer, tbe demurrer was overruled, and defendant appealed.
1Opinion of the CourtBrown, J.
1. Tbe - allegations of tbe complaint could be made a little more definite as to- tbe exact place where tbe tender of tbe lumber was made, but in tbeir present form we tbink they state a cause of action wbicb, if established, would entitle plaintiffs to recover something.
It is manifest from an examination of section 2631 of tbe Revisal, under wbicb this action is broug’ht, that tbe exact place of tender is very material in determining tbe liability of tbe carrier. Under tbe language of tbe statute tbe carrier is required to receive at "a regular station" only “all articles of tbe nature and…
2Cases cited1 opinion
- Story Lumber Co. v. Southern Railway Co.Supreme Court of North Carolina · 1909
3Cited by1 opinion
- Tilley v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1913