Wall-Huske Co. v. Southern Railway Co.
Supreme Court of North Carolina
ActioN tried befare Justice, J., and á jury, at March Term, 1908, of EoRSYtii. Both sides appealed. The facts are stated in the opinion.
1Opinion of the CourtOuaeK, C. J.
It is well settled by this Court that the General Assembly is entirely within its powers in imposing penalties for unreasonable delay in the transportation of intrastate freight. Connor, J., in Stone v. Railroad, 144 N. C., 223, says: “The validity of such legislation has been uniformly *409sustained in State and Federal courts,” and quotes with approval from 9 Rose’s Notes, 26, that the question is “too well settled to be longer the subject of controversy.”
The passage of the statute is a declaration of the lawmaking department that its enactment and the imposition of penalties upon common…
2Cases cited4 opinions
- Alexander v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Davis v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Jenkins v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Murray v. . DavisSupreme Court of North Carolina · 1859
3Cited by2 opinions
- National Elevator Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1917
- Brooks Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1910