Harrell v. Wilmington & Weldon Railroad

Citations

• 11 S.E. 286
• 106 N.C. 258

Syllabus

<p>Railroad, Company — Non-shipment of Freight — Action for Penalty — Agency—Delivery</p> <p>In an action against a railroad company for a penalty, under section 1967 of The Code, it was in evidence that plaintiff carried a bale of cotton to defendant’s warehouse and ’found the agent and one R. in the office; that he said he wished to deposit a bale of cotton; whereupon R. went with him, weighed the cotton and gave him a bill of lading in the agent’s presence, with the agent’s signature “per R.” It was also in evidence that R. had been in the agent’s office several months; that he had delivered freight; that eleven days thereafter plaintiff found that the cotton had not been shipped, and heard the agent abuse R. for carelessness: Held, that there was sufficient evidence to warrant the jury in finding a verdict for the plaintiff, upon an issue as to whether the cotton had been delivered to tne defendant.</p>