Hickory Marble & Granite Co. v. Southern Railway Co.
Supreme Court of North Carolina
Civil aotiok, tried on appeal from a judgment of a justice of the peace, before Goimcill, J., and a ’jury, at May Term, 1907, of the Superior Court of Catawba County. This is an action for the recovery of a penalty, under section 2632 of the Revisai, the plaintiff alleging an unreasonable delay in the transportation of a carload of marble from Atlanta, in the State of Georgia, to Hickory, in this State.
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Civil aotiok, tried on appeal from a judgment of a justice of the peace, before Goimcill, J., and a ’jury, at May Term, 1907, of the Superior Court of Catawba County. This is an action for the recovery of a penalty, under section 2632 of the Revisai, the plaintiff alleging an unreasonable delay in the transportation of a carload of marble from Atlanta, in the State of Georgia, to Hickory, in this State. It did not appear from any evidence in the case whether the alleged delay was in tbe State of Georgia, in tbe State of South Carolina or in tbis State. Defendant moved to non-suit tbe…
1Opinion of the Court
WalKBR, J.,
after stating tbe ease: Tbe section of tbe Be-visal imposing tbe penalty wbicb tbe plaintiff seeks to recover in tbis case is assailed by tbe defendant upon tbe ground that tbe Legislature has thereby attempted to regulate commerce between tbe States. “Commerce between tbe States consists of intercourse between their citizens, and includes tbe transportation of persons and property and tbe navigation of public waters for that purpose, as well as tbe purchase, sale and exchange of commodities, and tbe power to regulate that commerce involves tbe right to prescribe rules by wbicb it…
2Cases cited7 opinions
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Lord v. Steamship Co.Supreme Court of the United States · 1881
- Harrill Bros. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Morris-Scarboro-Moffitt Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
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3Cited by4 opinions
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- Bivens Bros. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1918
- Blalock Hardware Co. v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1915
- Freight Discrimination CasesSupreme Court of North Carolina · 1886