Morganton Manufacturing Co. v. Ohio River & Charleston Railway Co.
Supreme Court of North Carolina
Civil action for damages tried before Greene, J., and a jury at Fall Term, 1897, of McDowell Superior Court on appeal from a judgment of a Justice of the Peace. The facts arc stated in the opinion of Chief Justice Fairclotlr.
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Civil action for damages tried before Greene, J., and a jury at Fall Term, 1897, of McDowell Superior Court on appeal from a judgment of a Justice of the Peace. The facts arc stated in the opinion of Chief Justice Fairclotlr. The instructions prayed for by the defendant on the trial and referred to in the opinion as having been properly refused, were as follows: “1. When the testimony is direct, leaving nothing to inference, and, if believed, is the same thing as the fact sought to be proved, it becomes a question for the-jury; but when the evidence offered by the plaintiff is circumstantial,…
1Opinion of the Court
Faircloth, C. J.:
A box of plate glass was shipped from New York City to Marion, N 0. The Pennsylvania Railroad Company, the initial carrier, received and transferred the case to the Norfolk & Western Road at Hagerstown. Then the car containing the box was transferred at Roanoke to the Cape Fear & Yadkin Valley road and by them brought to the Seaboard Air Line Road at Sanford with the seal of the latter on the car at Shelby, N. C. At that place the agent of the defendant broke the seal and checked off the contents of the car on .the wa}r bill and examined the box and found it in apparent good…
2Cases cited4 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Phifer v. Carolina Central Railway Co.Supreme Court of North Carolina · 1883
- Dixon v. Richmond & Danville RailroadSupreme Court of North Carolina · 1876
- Baxter v. . EllisSupreme Court of North Carolina · 1892
3Cited by15 opinions
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Chicago, R. I. & P. Ry. Co. v. HarringtonSupreme Court of Oklahoma · 1914
- Hinkle v. . R. R.Supreme Court of North Carolina · 1900
- Hinkle, Craig & Co. v. Southern Railway Co.Supreme Court of North Carolina · 1900
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