Opinion

Mason v. Seaboard Air Line Railway Co.

  • 159 N.C. 183
Court
Supreme Court of North Carolina
Filed
May 28, 1912
Status
Published
Author
Hobs
On the bench
Allen, Brown, Clark, Hobs
Cited by
3 cases

The opinion

Hobs, J,,

concurring in the result: I am of opinion that, under existent law, the mileage book, in its present form, constitutes a contract of carriage, subject to certain restrictive provisions, and to the extent that these provisions are reasonable and reasonably insisted on, they bind the parties according to their tenor. In my judgment, the stipulation in question here is a reasonable one, being necessary to prevent the improper use of these books by persons who do not own them, and there is nothing in the record that, to my mind, justifies or permits the conclusion that in this instance the conductor acted maliciously or in wanton disregard of plaintiff’s righfs as a passenger. I therefore concur in the decision denying recovery to plaintiff.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.