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ATLANTIC COAST LINE RAILROAD CO. v. WEYERHAEUSER CO.

No. 24.

138 S.E.2d 518 (1964)

262 N.C. 730

ATLANTIC COAST LINE RAILROAD COMPANY and Atlantic & East Carolina Railway Company, v. WEYERHAEUSER COMPANY.

Supreme Court of North Carolina.

November 4, 1964.

Attorney(s) appearing for the Case

John A. Wilkinson and Rodman & Rodman, Washington, for plaintiffs appellee.

Norman, Rodman & Hutchins, Plymouth, for defendant appellant.

PER CURIAM.

There is ample evidence in the record to establish the fact that the consignor requested cars with the capacity of 6,800 cubic feet in which to ship the wood chips involved. There is no evidence tending to show that the A & EC Railway did not have such cars available. Its only explanation for not furnishing the requested cars was that the consignor could not load cars of the requested size; that such cars were too high for the consignor's loading facilities...

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