Everett v. Railroad
Supreme Court of North Carolina
AotioN by W. S. Everett and wife against the Norfolk and Southern Railroad Company and another, heard by Judge Q. 8. Ferguson and a jury at the Spring Term, 1904, of the Superior Court of Pamlico County.
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AotioN by W. S. Everett and wife against the Norfolk and Southern Railroad Company and another, heard by Judge Q. 8. Ferguson and a jury at the Spring Term, 1904, of the Superior Court of Pamlico County. The plaintiff brought action for damages sustained by failure of tbe defendants to deliver certain packages of freight, delivered to tbe defendant, Tbe Norfolk & Southern Railroad Company, at Elizabeth City, N. C., on October 22, 1901, to be transported for hire over tbe lines of tbe defendant Norfolk & Southern Railroad Company, via Norfolk, Va., to Tbomasville, N. C., on tbe Southern…
1Opinion of the Court
Hoke, J.,
after stating tbe facts: It is tbe law of this State that a common carrier may relieve itself from liability as an-insurer upon a contract reasonable in its terms and founded upon a valuable consideration, but it cannot so limit its responsibility for loss or damage resulting from its negligence. In Capehart v. Railroad, 81 N. C., 438 Ashe, J,. commenting on several decisions as to tbe right of a common carrier by contract to restrict its liability, thus sums up tbe matter: “That a common carrier, being an insurer against all loss and damage except those occurring from the act of God…
2Cases cited9 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Marable v. RailroadSupreme Court of North Carolina · 1906
- McConnell Bros. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Jones-Lane Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Washington Horse Exchange v. L. & N. RailroadSupreme Court of North Carolina · 1916
- J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
15 more not listed; retrieve them via the Exa API.