Land v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Penalty — Common Carrier — “Regular Depot or Station.” This is a civiu aotiok, which was tried before MacRae, J., at March Term, 1889, of Halifax Superior Court. The action is brought to recover divers penalties which, the plaintiff alleges, the defendant Railroad Company incurred by the refusal of its agent to receive certain car-loads of lumber at one of its regular stations on its road, called “ Spring Hill,” for transportation, &c., in violation of the statute.
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Penalty — Common Carrier — “Regular Depot or Station.” This is a civiu aotiok, which was tried before MacRae, J., at March Term, 1889, of Halifax Superior Court. The action is brought to recover divers penalties which, the plaintiff alleges, the defendant Railroad Company incurred by the refusal of its agent to receive certain car-loads of lumber at one of its regular stations on its road, called “ Spring Hill,” for transportation, &c., in violation of the statute. (The Code, § 1964). On the trial, the Court, among numerous issues, submitted one' in these words: “ 1- Was Spring Hill a regular…
1Opinion of the CourtMerrimon, J.
(after stating the case). The statute (The Code, §1964) prescribes that “agents or other officers of railroads and other transportation companies, whose duties it is to receive freights, shall receive all articles of the nature and kind received by such company for transportation, whenever tendered at a regular depot, station, wharf, or boat-landing, and shall forward the same by the route selected by the person tendering the freight, under existing laws; and the trans portation company, represented by any person, refusing to receive such freight, shall be liable to a penalty of fifty…
2Cases cited3 opinions
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1874
- State ex rel. Kellogg v. Suffolk & Carolina RailroadSupreme Court of North Carolina · 1888
3Cited by5 opinions
- State v. Corvallis & Eastern R.Oregon Supreme Court · 1911
- Town of Sumner v. Illinois Central R. R. Co.Mississippi Supreme Court · 1959
- Clark v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1908
- Ft. Worth & D. C. Ry. Co. v. StateCourt of Appeals of Texas · 1916
- Kellogg v. . R. R.Supreme Court of North Carolina · 1888