Blue Ridge Collection Agency v. Southern Railway Co.

61 S.E. 462, 147 N.C. 593, 1908 N.C. LEXIS 104

• Court: Supreme Court of North Carolina
• Decided: May 13, 1908
• Status: Published

Opinion

Eeowh, J.

Tbe evidence tended to show that tbe safe was delivered to tbe defendant at Thomasville, N. 0., on Tuesday, 22 January, 1901, for transportation to Hickory, N. O., and that this safe arrived at Hickory on 30 January. Salisbury, according to tbe evidence, is an intermediate point, within tbe meaning of tbe act, between Hickory and Thomasville. Tbe defendant was entitled to two days at such intermediate point. Wall-Huske Co. v. Railroad, ante, 401.

As tbe defendant is entitled to a deduction of two days at tbe intermediate point, tbe safe could not have arrived at Hickory in time for delivery before Sunday. Tbe defendant, under section 2839 of tbe Revisal, was not required to make delivery on Sunday, and delivery on tbe succeeding day is in compliance with law.

His Honor erred in not making these deductions. Tbe judgment is reduced by them to $15, and it is so modified.

Let tbe costs be taxed against plaintiff and defendant equally.

This ruling renders it unnecessary to consider tbe interesting brief and argument of tbe learned counsel f<pr defendant, in which be asks us to reconsider tbe judgment in Watson v. Railroad, 59 S. E., 55, in regard to excluding Sundays in all cases. A recent discussion of tbe subject will also be found in Sully v. Railway, 16 S. C., 173; 56 S. E. Rep., 782.

Modified and Affirmed.