Capehart v. Seaboard & Roanoke Railroad
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1879, of Northamp-.1 r'dr a.-r Cop.rl, boA.ro Lave, J. Tins action was brought to recover damages for sixty-twu bales of cotton, which defendant company as a common, carrier had contracted to carry oyer its road from Bull Hill landing in Northampton county to Norfolk, Virginia, upon the allegation that the damage to the cotton was caused by the negligence of defendant, or its agents or servants, while being transported on its road.
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Civil Action tried at Spring Term, 1879, of Northamp-.1 r'dr a.-r Cop.rl, boA.ro Lave, J. Tins action was brought to recover damages for sixty-twu bales of cotton, which defendant company as a common, carrier had contracted to carry oyer its road from Bull Hill landing in Northampton county to Norfolk, Virginia, upon the allegation that the damage to the cotton was caused by the negligence of defendant, or its agents or servants, while being transported on its road. The defendant denied the •■Hep:: Con < f negligence and that the cotton was in good ordo:,' when received, aud. for a further…
1Opinion of the CourtAshe, J.
The only question presented for our consideration in this case, is, did the court below render the proper judgment upon the finding of the jury? We think it did not, and that the judgment should have been in favor of the plaintiff.
The jury found by their verdict the facts that the cotton when delivered to the defendant was in good order; that when delivered to the plaintiff’s consignee it was wet, muddy and damaged; that it was damaged while in the possession of the defendant by its negligence or that of its agents or servants; that the damage to the cotton was not contributed to in any part…
2Cases cited5 opinions
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Smith v. North Carolina R. R.Supreme Court of North Carolina · 1870
- School District v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1869
- Adams Express Co. v. ReaganIndiana Supreme Court · 1867
- Robt. W. Glenn v. . the Charlotte S.C. R. R. Co.Supreme Court of North Carolina · 1869
3Cited by20 opinions
- Selby v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
- Whitehead v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1882
- Everett v. RailroadSupreme Court of North Carolina · 1905
- Austin v. . R. R.Supreme Court of North Carolina · 1909
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1912
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