Deans v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Cooke, Tbe plaintiffs sued to recover tbe value of goods lost in transportation and tbe statutory penalty for nonpayment of claim in ninety days. Tbe shipment in wbicb the shortage was discovered was received at South Boston, Va., on 11 July, 1906, from tbe Stebbins-Lawson-Spraggins Company, at that place, to be carried to tbe plaintiffs at Tarboro. Tbe initial carrier was tbe Norfolk and Western Railway Company.
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Appeal from Cooke, Tbe plaintiffs sued to recover tbe value of goods lost in transportation and tbe statutory penalty for nonpayment of claim in ninety days. Tbe shipment in wbicb the shortage was discovered was received at South Boston, Va., on 11 July, 1906, from tbe Stebbins-Lawson-Spraggins Company, at that place, to be carried to tbe plaintiffs at Tarboro. Tbe initial carrier was tbe Norfolk and Western Railway Company. Tbe claim in writing for tbe lost goods was filed 17 March, 1907, the value being $139.31. Tbe shipment seems to bave been promptly forwarded, and reached Tarboro without…
1Opinion of the CourtManning, J.
The only error assigned is the charge of the learned trial judge, which we have quoted in the statement of the ease. The stipulation of thirty days as the time limit in which the notice of loss, to be available to plaintiff, should be given, was properly held by the trial judge to be unreasonable and void. Mfg. Co. v. R. R., 128 N. C., 280. In that case this Court said: “We do not think the stipulation under consideration is reasonable, and therefore it cannot be enforced. We deem it proper to state that we are inclined to think that, in analogy to the ruling as to telegraph and express…
2Cases cited5 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1901
- Lewis v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- United States Watch Case Co. v. Southern Express Co.Supreme Court of North Carolina · 1897
- Dixie Cigar Co. v. Southern Express Co.Supreme Court of North Carolina · 1897
3Cited by3 opinions
- Phillips v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
- Culbreth v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Southern Ry. Co. v. Mooresville Cotton MillsCourt of Appeals for the Fourth Circuit · 1911