McGowan v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ACTION, tiled before Connor, Judge, and a jury, at April Term, 1886, of WayNic Superior Court. Tlie following is a copy of so much of the case stated on appeal as is necessary to a proper understanding of the opinion of the Court: “ The plaintiff declared for the penalty of $25 per day, for failing to ship twenty-seven bags of rice, as freight, from Mount Olive to Goldsboro, from the 21st day of November,1884, to the 21st day of March, 1885. “ A. D. McGowan, the…
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Civil ACTION, tiled before Connor, Judge, and a jury, at April Term, 1886, of WayNic Superior Court. Tlie following is a copy of so much of the case stated on appeal as is necessary to a proper understanding of the opinion of the Court: “ The plaintiff declared for the penalty of $25 per day, for failing to ship twenty-seven bags of rice, as freight, from Mount Olive to Goldsboro, from the 21st day of November,1884, to the 21st day of March, 1885. “ A. D. McGowan, the plaintiff, was introduced as a witness for himself, and testified that he got the bill of , lading for said rice from Robert…
1Opinion of the CourtMerrihox, J.
(after stating the facts). The first exception cannot be sustained. What the witness would have said in reply to the question specified does not appear, as it should do, but inferring that he would have answered in the affirmative, such evidence was irrelevant and immaterial. The plaintiff sued to recover penalties which he alleges the defendant incurred by its failure to ship twenty-seven bags of rice marked , as it was bound to do within five days next after the rice was delivered to it for shipment. The evidence of the plaintiff, including the bill of lading, went to prove that the…
2Cases cited5 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
- Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Mahomet v. QuackenbushSupreme Court of the United States · 1886
3Cited by11 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Efland v. Southern Railway Co.Supreme Court of North Carolina · 1907
- State v. . StubbsSupreme Court of North Carolina · 1891
- Grocery Co. v. Railroad Co.Supreme Court of North Carolina · 1904
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