Stone v. Steamship Co.
Supreme Court of North Carolina
ActioN by E. E. Stone and others against Clyde Steamship Company, heard by Judge O. H. Allen upon appeal from a justice of the peace, at the April Term, 1905, of the Superior Court of New Hanover County, on the following case agreed: 1. The plaintiffs are a partnership doing business in Wilmington, and the defendant is a corporation operating a line of steamships for the purpose of carrying freight and passengers between New York and Wilmington and other points. 2. At the…
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ActioN by E. E. Stone and others against Clyde Steamship Company, heard by Judge O. H. Allen upon appeal from a justice of the peace, at the April Term, 1905, of the Superior Court of New Hanover County, on the following case agreed: 1. The plaintiffs are a partnership doing business in Wilmington, and the defendant is a corporation operating a line of steamships for the purpose of carrying freight and passengers between New York and Wilmington and other points. 2. At the termination of its line in Wilmington the defendant owns and controls a wharf or platform upon -which goods are unloaded…
1Opinion of the CourtIIoKE, J.
On the foregoing facts and according to our decisions defendant’s responsibility as common carrier, had terminated (Hilliard v. Railroad, 51 N. C., 343,) and any obligation which remained was that of warehouseman or wharf-inger. The standard of conduct in such case is that of ordinary care, and applying such standard to the facts before us, we are of opinion that there has been no negligence on the part of the defendant which amounts to an actionable wrong. The goods were placed on the defendant’s wharf according to local usage, known to defendant’s customers, and presumably acquiesced in by…
2Cases cited3 opinions
- Chalk v. Charlotte, Columbia & Augusta RailroadSupreme Court of North Carolina · 1881
- Morehead v. . BrownSupreme Court of North Carolina · 1859
- Hilliard v. Wilmington & Weldon Rail RoadSupreme Court of North Carolina · 1859
3Cited by1 opinion
- Virginia Electric & Power Co. v. Carolina Peanut Co. Virginia Fire & Marine Ins. Co. v. Carolina Peanut Co.Court of Appeals for the Fourth Circuit · 1951