Legal Opinion

Davis v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided October 11, 1916PublishedCited by 3 opinions

Civil ACTION tried on appeal from court of justice of peace, before Devin, J., and a jury, at June Term, 1916, of Oarteeet.

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Civil ACTION tried on appeal from court of justice of peace, before Devin, J., and a jury, at June Term, 1916, of Oarteeet. The action was to recover the value of two bales of cotton destroyed by fire on the platform or in the warehouse of defendant company at New Bern, N. 0., in October, 1910. Defendant denied having received the cotton for shipment; claimed it was only with defendant as warehouseman, as bailee, for plaintiff’s accommodation, and, if so, there was no evidence of default on part of defendant. On issues submitted there was verdict for plaintiff, judgment on verdict, and…

1Opinion of the CourtHoke, J.

On the trial the question of liability between these parties was made to depend upon whether the cotton had been received and held by defendant company under a contract of shipment or whether it had been left on defendant’s platform with a view of being shipped at a later date. Under the charge of his Honor, the issue was submitted to the jury as a question of fact. They have accepted plaintiff’s version of the transaction, and we find no reason for disturbing the result.

The evidence of plaintiff tended to show that the cotton had been left on defendant’s platform and was received and held by…

2Cases cited1 opinion

  1. Berry v. Southern Railway Co.Supreme Court of North Carolina · 1898

3Cited by3 opinions

  1. Aman v. Dover & Southbound RailroadSupreme Court of North Carolina · 1920
  2. McRary v. Southern Railway Co.Supreme Court of North Carolina · 1917
  3. Howell v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1923

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