Lewark v. Railroad
Supreme Court of North Carolina
ActioN by Gr. H. Lewark and others against the Norfolk and Southern Railroad Company, heard by Judge E. B. Jones and a jury, at the Tall Term, 1904, of the Superior Court of CueeitucK County. Erom a judgment in favor of the plaintiffs for less than the relief demanded, they appealed.
1Opinion of the CourtBrown, J.
On November 14, 1902, the plaintiffs had shipped from Norfolk, Va., to themselves at Church Island, N. 0., two tons of ice over the defendant’s line. The ice was never delivered, although by due course it should have reached Church Island the same day it was shipped. It was admitted the plaintiffs were dealers in fish and desired the ice for their own use.
The sole exception in the record presents the question as to the measure of damage. His Honor in the Court below charged the jury that the measure of damage was the value of the ice at Church Island on November 14, 1902. To this instruction…
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- State Ex Rel. Braddy v. ShirleySupreme Court of North Carolina · 1841
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