Schloss-Bear-Davis Co. v. Louisville & Nashville Railroad
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at December Term, 1915, of New HawoveR. Civil action to recover damages for negligent injury to an interstate shipment of live stock over the defendant Louisville and Nashville Railroad, the initial carrier, and over the Seaboard Air Line Railway, the connecting and delivering carrier.
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Appeal by defendant from Daniels, J., at December Term, 1915, of New HawoveR. Civil action to recover damages for negligent injury to an interstate shipment of live stock over the defendant Louisville and Nashville Railroad, the initial carrier, and over the Seaboard Air Line Railway, the connecting and delivering carrier. The Louisville and Nashville Railroad, the initial carrier, is the sole defendant in this cause, the Seaboard Air Line Railway not being made a party thereto. The live stock reached Wilmington on the night of 10 March and was unloaded by plaintiff and its employee and…
1Opinion of the CourtAlleN, J.
The question presented by the objection to evidence tending to prove a waiver of the written notice of the claim for damages, and by the motion for judgment of nonsuit, was fully considered at the last term in Baldwin v. R. R., 170 N. C., 12, and in two other cases the opin*352ion in one of wbicb was written by Associate Justice Walker and the other by Associate Justice Hoke, and in all the same conclusion was reached.
The Court said in the first of these cases: “Stipulations in bills of lading covering shipments of live stock, requiring written notice of the claim for damages to be given before…
2Cases cited10 opinions
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Austin v. . R. R.Supreme Court of North Carolina · 1909
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hopper Paper Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1949
- Metz Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- Teeter v. Southern Express Co.Supreme Court of North Carolina · 1916