{
  "id": 11271140,
  "name": "VIRGINIA BREEDING AND TRAINING ASSOCIATION v. SOUTHERN RAILWAY COMPANY",
  "name_abbreviation": "Virginia Breeding & Training Ass'n v. Southern Railway Co.",
  "decision_date": "1910-04-13",
  "docket_number": "",
  "first_page": "345",
  "last_page": "346",
  "citations": [
    {
      "type": "official",
      "cite": "152 N.C. 345"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "151 N. C., 250",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8654483
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/151/0250-01"
      ]
    },
    {
      "cite": "148 N. C., 583",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 246,
    "char_count": 3235,
    "ocr_confidence": 0.44,
    "pagerank": {
      "raw": 7.317852702137001e-08,
      "percentile": 0.4395897212540191
    },
    "sha256": "d512723ac0f0897c59de3965b573c4f8b8e5f65869f608477553807a2f86b8c5",
    "simhash": "1:d6b4e2529d460049",
    "word_count": 544
  },
  "last_updated": "2023-07-14T16:29:47.463636+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "VIRGINIA BREEDING AND TRAINING ASSOCIATION v. SOUTHERN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "Bbown, J.\nThe evidence tends to prove that Jay Bird\u2019s Delight was shipped with five other horses belonging to plaintiff, under an agreement with defendant\u2019s agent at Lynchburg that they would be delivered at Greensboro-, N. C., ready for unloading on the morning of 7 October, provided they were loaded on the car by 3 :30 P. M., 6 October, at Lynchburg, and that they were loaded before that time; that these horses were race horses being transported to Greensboro for the Fair, and were of much greater value than ordinary animals; and that defendant\u2019s agent at Lynchburg had knowledge of these facts.\nThe animals were not delivered as per agreement, but were held in Lynchburg until the night of 7 October, in the loaded' car exposed to great beat, succeeded by sudden cold, in conse- ' quence of wbicb Jay Bird\u2019s Deligbt contracted pneumonia en route and subsequently died. Tbe condition of tbe borse on arrival at Greensboro was at once made known to defendant\u2019s agents before removal.\nThis Court has not overruled Jones v. R. R., 148 N. C., 583, but as at present constituted reaffirmed it in Winslow v. R. R., 151 N. C., 250. A majority of tbe Court held that tbe facts in Stringfield v. R. R., ante, 125, took tbe case out of tbe rulings in those cases. In this case tbe animals were shipped under a special contract to deliver at a certain time, and tbe peculiar value of tbe animals made known to tbe defendant\u2019s agent at Lynchburg.\n. These facts, we think, bring tbe case within tbe scope of the String-field case, even from tbe minority point of view.\nNo error.",
        "type": "majority",
        "author": "Bbown, J."
      }
    ],
    "attorneys": [
      "Justice & Broadhurst for plaintiff.",
      "Wilson & Ferguson for defendant."
    ],
    "corrections": "",
    "head_matter": "VIRGINIA BREEDING AND TRAINING ASSOCIATION v. SOUTHERN RAILWAY COMPANY.\n(Filed 13 April, 1910.)\nCarrier of Goods \u2014 Live-stock Bills of Lading \u2014 Valuable Horse\u2014 Delivery \u2014 Special Contract \u2014 Measure of Damages.\nA valuable race borse was shipped with knowledge by the carrier\u2019s agent under its ordinary live-stock bill of lading, limiting the amount of recovery to $100, and under the terms 5f which the shipper assumed to indemnify the carrier against all claims arising from heat, etc. The carrier\u2019s agent, knowing that the horse was shipped for races to be held at its destination at a certain time, made a special contract that it would reach its destination accordingly. The animal finally died from the effects of being overheated in the car, and then exposed to cold, and its \u25a0 bad condition was at once made known to the agent at its destination before its removal: Held, recovery for full damages should be allowed, under Strmgfield v. R. R., ante, 125.\nAppeal from Long, J., at February Term, 1909, of Guilfobd.\nCivil action for damages to one borse, called \u201cJay Bird\u2019s Delight,\u201d shipped from Lynchburg to Greensboro, under a \u201clive-stock contract\u201d of carriage, which provided, among other things, that the shipper \u201cwill indemnify and save harmless the railroad company against claims arising out of loss or injury to said live stock accruing from * * * (c) heat, suffocation or other ill effects of being crowded in cars,\u201d and which limited the amount of recovery to $100.\nFrom verdict and judgment, defendant appealed.\nThe case is further stated in the opinion of Mr. Justice BbowN.\nJustice & Broadhurst for plaintiff.\nWilson & Ferguson for defendant."
  },
  "file_name": "0345-01",
  "first_page_order": 391,
  "last_page_order": 392
}