ATLANTIC COAST LINE R. CO. v. NORFOLK SOUTHERN RY. CO.

No. 89.

72 S.E.2d 604 (1952)

236 N.C. 247

ATLANTIC COAST LINE R. CO. v. NORFOLK SOUTHERN RY. CO.

Supreme Court of North Carolina.

October 8, 1952.


Attorney(s) appearing for the Case

F. S. Spruill, Rocky Mount, for plaintiff, appellant.

Gardner, Connor & Lee, Wilson, for defendant, appellee.


JOHNSON, Justice.

The single question presented by this appeal is: Does the contract between the plaintiff and the defendant make the defendant liable for damage sustained by plaintiff because of a broken rail, notwithstanding the rail broke through no fault of the defendant?

The plaintiff contends that the contract makes the defendant an insurer and imposes absolute liability. The plaintiff lays stress on the part of paragraph Fourth of the contract wherein...

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