Rollins v. Seaboard Air Line Railway
Supreme Court of North Carolina
Civil actioN, tried oil appeal from a court of a justice of the peace before Webb, J., and a jury, at August Term, 1907, of the Superior Court of Crati-iax County.
Read the full summary
Civil actioN, tried oil appeal from a court of a justice of the peace before Webb, J., and a jury, at August Term, 1907, of the Superior Court of Crati-iax County. This action ivas to recover a penalty for unreasonable delay in shipment of a carload of wood from Merry Oaks, N. C., to Raleigh, contrary to provisions of section 2632, Revisal 1905. There Avas evidence on the part of plaintiff tending to show that Merry Oaks was a regular station on the main line of the Seaboard Air Line Railway, about twenty-five miles distant from Raleigh, N. C., and that there had been a wrongful delay of…
1Opinion of the Court
Hoke, J.,
after stating the case: We find nothing in the record or case on appeal which gives the defendant just ground for complaint. It was chiefly urged for reversible error that the Judge below should have instructed the jury that, if they believed the testimony, the plaintiff was not the “party aggrieved,” iinder the principle established in the ease of Stone v. Railroad. 144 N. C., 220. But the facts do not brine the present case witbin tbe principle of that decision. In that case the Court properly held that, “when goods are delivered to a common carrier for transportation, and bill of…
2Cases cited7 opinions
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Stone & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- Wright v. Southern RailroadSupreme Court of North Carolina · 1900
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Parker Buggy Corp. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Phillips v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
- Buggy Corporation v. . R. R.Supreme Court of North Carolina · 1910
- Robertson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
7 more not listed; retrieve them via the Exa API.