59 S.E. 673 | N.C. | 1907
There was evidence tending to show that plaintiff had sold to (219) one M. J. Blue a package of harness worth $24.50, to be delivered at Efland, N.C. the stipulation as to delivery at Efland being part of the contract of sale. The plaintiff had same shipped by defendant company from Burlington, N.C. to Efland, N.C. prepaying the freight charges and taking a bill of lading therefor as shipped to M. J. Blue. That defendant failed to transport and deliver said harness within ordinary time, in accordance with the contract, and plaintiff, having made good the loss to the purchaser, M. J. Blue, by supplying him with other harness, filed his claim as required by the statute, and instituted this action to recover for the loss of the harness and for the penalty for wrongfully failing to transport freight, allowed by section 2632, Revisal of 1905.
Under the charge of the court there was a verdict for plaintiff for the value of the goods and the penalty. Judgment on the verdict, and defendant excepted and appealed.
After stating the case: The statute has been upheld as a constitutional enactment in Walker v. R. R.,
We are of opinion that the authorities referred to are decisive against the defendant's position, and we find no error in the proceedings below that gives appellant any just ground of complaint.
No error.
Cited: Davis v. R. R.,
(221)