J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at May Special Term, 1912, of WaKe. This action was originally brought by the plaintiff against the Seaboard Air Line Railway and the Louisville and Nashville Railroad Company to recover $310 for the death of a mule alleged to have been caused by the negligence of the defendants in the course of transportation from East St. Louis, Ill., to Raleigh, N. C. The mule in question was one of a car-load of twenty-six shipped by the Maxwell-Crouch…
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Appeal by defendant from Cline, J., at May Special Term, 1912, of WaKe. This action was originally brought by the plaintiff against the Seaboard Air Line Railway and the Louisville and Nashville Railroad Company to recover $310 for the death of a mule alleged to have been caused by the negligence of the defendants in the course of transportation from East St. Louis, Ill., to Raleigh, N. C. The mule in question was one of a car-load of twenty-six shipped by the Maxwell-Crouch Mule Company to the plaintiff company on 3 March, 1911. The mules arrived at Raleigh 8 March, 1911. The injury to the…
1Opinion of the CourtAlleN, J.
The execution of a bill of lading by a railroad company establishes a contractual relationship between it and the shipper, the carrier agreeing, for a consideration, to transport and to deliver, and the shipper agreeing to pay the consideration. This is the contract. Elliott on Eailroads, vol. 4, sec. 1415. In addition to the obligations contained in the contract, *220tbe law imposes upon the company other obligations and duties, and justifies its right to do so because the company is a creation of the law, enjoys a virtual monopoly of the carriage of freight within a certain distance, and…
2Cases cited50 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Smith v. AlabamaSupreme Court of the United States · 1888
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
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