Deans v. Atlantic Coast Line Railroad
Deans v. Atlantic Coast Line Railroad
Opinion of the Court
The only error assigned is the charge of the learned trial judge, which we have quoted in the statement of the ease. The stipulation of thirty days as the time limit in which the notice of loss, to be available to plaintiff, should be given, was properly held by the trial judge to be unreasonable and void. Mfg. Co. v. R. R., 128 N. C., 280. In that case this Court said: “We do not think the stipulation under consideration is reasonable, and therefore it cannot be enforced. We deem it proper to state that we are inclined to think that, in analogy to the ruling as to telegraph and express companies, a stipulation requiring a demand to be made within sixty days after notice of loss or damage would be reasonable. Sherrill v. Tel. Co., 109 N. C., 527; Lewis v. Tel. Co., 117 N. C., 436; Cigar Co. v. Express Co., 120 N. C., 348; Watch Co. v. Express Co., 120 N. C., 351.” It is obvious from the charge of his Honor that he followed the suggestion of this Court in that case. Striking out the word “thirty,” in the stipulation, there is the provision that the claim for loss or damage must be made “promptly,” and under the language of this Court, above quoted, a claim for loss or damage would be promptly made if made within sixty days. It is suggested, however, by the learned counsel of the plaintiff that as the thirty-day limit is unreasonable and void, the time is “at large,” and is governed by the three years’ statute of limitations. This position is met by the *173 ■eases of Sherrill v. Tel. Co., 109 N. C., 527, and Cigar Co. v. Express Co., 120 N. C., 348. In each, of those eases it is distinctly held that these stipulations are “not statutes of limitation restricting the time within which action may be brought.” If the plaintiffs had given the notice of their loss within sixty days, their cause of action would not have been barred until three years had elapsed. It may be well to state that in 1908 the Interstate Commerce Commission adopted the standard bill of lading, which is now in force, and that this bill of lading prescribes four months as the time limit in which claim for loss is to be made. This regulation was prescribed, however, two years after the shipment in the present case. We are of the opinion that his Honor committed no error in the instruction complained of, and his judgment is affirmed.
No error.
Reference
- Full Case Name
- W. T. Deans and R. C. Brown v. Atlantic Coast Line Railroad Company.
- Cited By
- 3 cases
- Status
- Published