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SCHROADER v. RAILWAY EXPRESS AGENCY

No. 163.

75 S.E.2d 393 (1953)

237 N.C. 456

SCHROADER v. RAILWAY EXPRESS AGENCY, Inc.

Supreme Court of North Carolina.

April 8, 1953.

Attorney(s) appearing for the Case

L. B. Prince, Hendersonville, for defendant-appellant.

Paul K. Barnwell, Hendersonville, for plaintiff-appellee.

PARKER, Justice.

The defendant assigns as Error No. 4 all of the Court's charge on the third issue of damages. On this issue the Court charged as follows: "Now, as to damages for livestock the Court instructs you as follows: Where the livestock is retained by the defendant, then the Court instructs you that the measure of damage would be the reasonable or fair market value of such livestock at the time they were shipped." Then the Court summed up the contentions of...

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