Byers v. Southern Express Co.
Supreme Court of North Carolina
Appeal by defendant from Bragaw, J., at August Term, 1913, of BuN'coMbe.
1DissentBbowN, J.
I think the defendant is not liable. 1. That the plaintiff, having been paid in full for his actual damages, cannot split up his cause of action, and when he accepted pay for the goods he settled all claims for damages arising out of the contract of shipment. This is expressly decided in Eller v. R. R., 140 N. C., 140; Kimball v. R. R. (New Jersey), 77 Atl., 533.
2. That under the laws of the United States damages cannot be recovered for mental anguish by delay in the shipment of goods.
3. That as the shipment was one in interstate commerce, plaintiff was bound by the terms of the receipt set…
2Cases cited6 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Chicago, Rock Island & Pacific Railway Co. v. Hardwick Farmers Elevator Co.Supreme Court of the United States · 1913
- Eller v. RailroadSupreme Court of North Carolina · 1905
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