Harden v. Chesapeake & Ohio Railroad
Supreme Court of North Carolina
Appeal from Whedbee, J., at tbe April Term, 1911, of Wake. Civil action to recover for damages to live stock, skipped by-plaintiffs over tke lines of defendant companies.
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Appeal from Whedbee, J., at tbe April Term, 1911, of Wake. Civil action to recover for damages to live stock, skipped by-plaintiffs over tke lines of defendant companies. On tke trial, it appeared tkat plaintiffs, kaving purckased a number of standard-bred korses, in February, 1910, skipped same over lines of defendant companies from Lexington, Ky., over C. and 0. road, to Lynckburg, Ya., and from tkat point over tke Soutkern to Greensboro, N. 0. Tkere was evidence, on tke part of plaintiff, tending to skow tkat plaintiffs, during tke negotiations for skipment, informed tke agent of tke C.…
1ConcurrenceAlleN, J.
I think the authorities establish the following principles, which are based on a sound public policy and on reason:(1) That a common carrier is an insurer, and, without proof of negligence, is liable for all injuries to goods being trans*250ported, unless the injury is caused by the act of G-od, the public enemy, the negligence of the shipper, or by the inherent qualities of the goods.(2) That the natural propensities of live stock are included in the term “inherent qualities.”(3) That a private carrier for hire is not an insurer, but is a bailee, and is only liable for negligence.(4) That the…
2Cases cited7 opinions
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
- Capehart v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1879
- Everett v. RailroadSupreme Court of North Carolina · 1905
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