Cauble v. Southern Express Co.
Supreme Court of North Carolina
Appeal by defendant from Finley, J., at tbe February Term, 1921, Of GuiLEOKD. Tbis action was brought to recover damages for tbe injury to or destruction of a easb register, sold by tbe plaintiff (wbo lived and carried on bis business at Higb Point, N. C.) to tbe Bank of Hickory Grove, at a town by tbat name in tbe State of South Carolina, tbe machine having been shipped via tbe American Eailway Express Company to tbe consignee at tbat place.
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Appeal by defendant from Finley, J., at tbe February Term, 1921, Of GuiLEOKD. Tbis action was brought to recover damages for tbe injury to or destruction of a easb register, sold by tbe plaintiff (wbo lived and carried on bis business at Higb Point, N. C.) to tbe Bank of Hickory Grove, at a town by tbat name in tbe State of South Carolina, tbe machine having been shipped via tbe American Eailway Express Company to tbe consignee at tbat place. It is alleged tbat when shipped it was in perfect condition, but when it arrived at its destination it was found to be in a very ruinous state, and tbe…
1Opinion of the Court
Walker, J.,
after stating tbe case: (1) Tbe defendant’s first exception and assignment of error set forth in tbe case on appeal is to tbe charge of tbe court as to tbe rule of damages by which tbe jury was to be guided in assessing tbe amount which tbe plaintiff was entitled to recover. It appears the judge charged tbe jury tbat tbe rule of damages was tbe difference between tbe market value of tbe cash register before tbe injury complained of and tbe market value of tbe cash register at tbe time of tbe trial wbicb was more tban a year afterwards. Tbe defendant contends tbat tbis is not tbe…
2Cases cited11 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- McKeel v. . HollomanSupreme Court of North Carolina · 1913
- McAlister v. American Railway Express Co.Supreme Court of North Carolina · 1920
- Schas v. Equitable Life Assurance Society of the United StatesSupreme Court of North Carolina · 1915
- Alexander v. North Carolina Savings Bank & Trust Co.Supreme Court of North Carolina · 1911
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3Cited by5 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- West Construction Co. v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1923
- In Re Will of Efird v. SmithSupreme Court of North Carolina · 1928
- Justice v. MitchellSupreme Court of North Carolina · 1953
- State v. . BeamSupreme Court of North Carolina · 1922