Railroad Reports Volume 46

Railroad Reports Volume 46

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...for cash, it was shipped "open;" certainly such terms did not prevent title vesting in the consignees by delivering to the carrier. If, therefore, the fact that by reason of the delay the plaintiffs were out of their money ZO days, and thereby were entitled to sue for the penalty as the party aggrieved. it is equally clear that as consignees were during the same time "out of their hay" by reason of the failure of their agent, the carrier, to transport within a reasonable time, they were thereby "aggrieved;" so that from this process of reasoning both consignor and consignees were "aggrieved" and could sue for the penalty. The argument proves too much. Again, it is said, "They may have bought also subject to approval." Surely it will not be contended that jurors should be invited to find a fact in regard to which there is not a scintilla of proof. The testimony shows that the consignees are the only parties aggrieved. and therefore entitled to sue. His honor, therefore, erred in denying the motion to render judgment of nonsuit. Let this be certified, to the end that such judgment be entered in the superior court of New Hanover county. Hollingsworth 7/. Skelding, 142 N. C. 246, 55 S. E. Z12. Error.. HARRILL Baos. v. Sourmsnn RY. (Supreme Court of North Carolina, May 14, 1907.) 57 S. E. Rep. 383. _ Carriers---Delivery of Freight to Consignee.--Revisal 1905, 2633, providing that carriers shall settle their freight charges according to the rate stipulated in the bill of lading. providing the rate therein be in conformity with the classifications and rates made and filed with the Interstate Commerce Commission in case of shipments from out the state, and with those of the...show more

Product details

  • Paperback | 404 pages
  • 189 x 246 x 21mm | 717g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236801601
  • 9781236801609