McGowan v. . the Railroad

(Branch v. The Railroad, 77 N.C. 347; Katzenstein v. The Railroad,84 N.C. 688; Whitehead v. The Railroad, 87 N.C. 255; cited and approved). The following is a copy of so much of the case stated on appeal as is necessary to a proper understanding of the opinion of the Court:

"The plaintiff declared for the penalty of $25 per day, for failing to ship twenty-seven bags of rice, as freight, from Mount Olive to Goldsboro, from the 21st day of November, 1884, to the 21st day of March 1885.

"A. D. McGowan, the plaintiff, was introduced as a witness for himself, and testified that he got the bill of…