Nance v. Southern Railway
Supreme Court of North Carolina
This was an action to recover a penalty alleged to have accrued against defendant for refusing to permit plaintiff, standard-keeper of Surry County, to examine and adjust defendant’s scales used by it at Pilot Mountain, N. C. There was no evidence that' the scales were used in “buying or selling.” Plaintiff showed that defendant used them in “weighing freight for shipment.” Iiis Honor being of the opinion that plaintiff could not recover rendered judgment of non-suit.
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This was an action to recover a penalty alleged to have accrued against defendant for refusing to permit plaintiff, standard-keeper of Surry County, to examine and adjust defendant’s scales used by it at Pilot Mountain, N. C. There was no evidence that' the scales were used in “buying or selling.” Plaintiff showed that defendant used them in “weighing freight for shipment.” Iiis Honor being of the opinion that plaintiff could not recover rendered judgment of non-suit. Plaintiff appealed.
1Opinion of the CourtCoNNOR, J.
The right of the plaintiff to maintain this action depends "upon the construction of cli. 77, sec. 3073, Revisa! The defendant insists that, correctly construed, the penalty is incurred only by a person “buying and selling” by weights and measures, and that, as it does neither, it is not within the language or spirit of the statute. Sec. 3063, ch. 77, provides, that no trader or other person shall buy or sell, or otherwise use in trading any other, etc. Sec. 3067: “If any person, after demand by the standard-keeper for permission to examine and adjust the same, shall buy, sell or barter, by…
2Cases cited5 opinions
- Gardner v. CollinsSupreme Court of the United States · 1829
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- State v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1837
- Southwestern Railroad v. CohenSupreme Court of Georgia · 1873