Legal Opinion

Branch v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 14 opinions

Civil ActioN tried at Fall Term, 1882, of Halifax Superior Court, before McKoy, J. The defendant appealed.

1Opinion of the CourtSmith, C. J.

The plaintiffs, on December 28, 1881, delivered to the defendant’s agent at the depot of the company, in Enfield, twenty bales of lint cotton for transportation over its road and a connecting line, consigned to commission merchants in Norfolk, AU'ginia, and they remained in the defendant’s warehouse until the 7th of January, 1882, before being sent off in the company’s cars.

The bill of lading or receipt given to the plaintiffs, at the time of the deposit with the agent, contains a clause that the cotton is received “for transportation at company’s convenience,” and this was accepted by the…

2Cases cited2 opinions

  1. Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
  2. Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882

3Cited by14 opinions

  1. Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
  2. Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
  3. Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  4. Staley v. Royal Pines Park, Inc.Supreme Court of North Carolina · 1932
  5. Williams v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1895

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