Legal Opinion

Egerton v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 4 opinions

This was a civil action, tried before Bynum, J., and a jury, at February Term, 1894, of WilsoN Superior Court. The plaintiffs claimed that they had delivered to the defendant at Kenly, N. C., on December 7, 1891, for shipment to Cobb Bros. & Gillam, of Norfolk, Va., ten bales of cotton, and that the defendant had failed to deliver the same to Cobb Bros. & Gillam, and that they had delivered to the defendant at Kenly, on December 15, 1891, fourteen bales of cotton for…

Read the full summary

This was a civil action, tried before Bynum, J., and a jury, at February Term, 1894, of WilsoN Superior Court. The plaintiffs claimed that they had delivered to the defendant at Kenly, N. C., on December 7, 1891, for shipment to Cobb Bros. & Gillam, of Norfolk, Va., ten bales of cotton, and that the defendant had failed to deliver the same to Cobb Bros. & Gillam, and that they had delivered to the defendant at Kenly, on December 15, 1891, fourteen bales of cotton for shipment to Cobb Bros. & Gillam, at Norfolk, Va., and that only seven bales of said last named shipment had been delivered by…

1Opinion of the Court

Buewell, J.:

Upon the argument, the first exception was abandoned by defendant’s counsel.

What are called in the record “ duplicate bills of lading, copied from the stub books from which the original bills were issued,” evidently purported to be mere copies of the bills of lading made by defendant’s local agent sometime after the'originals were issued, the data for-making them being obtained from the “ stubs ” of the originals. They were nothing more in effect than the declarations of that agent that the “ stubs ” in the books of the defendant showed that on certain days it had received certain…

2Cases cited2 opinions

  1. Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
  2. Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1893

3Cited by4 opinions

  1. Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
  2. Pegram v. RailroadSupreme Court of North Carolina · 1905
  3. Williams v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1895
  4. Kimbrough v. HinesSupreme Court of North Carolina · 1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API