National Union Fire Ins. Co. v. Atlantic & East Carolina Ry. Co

DOBIE, Circuit Judge.

Appellant, insurer-subrogee, instituted this action in the United States District Court for the Eastern District of North Carolina to recover from appellee (hereinafter sometimes referred to as the Rail way) the sum of $5,079.08 as damages resulting from the destruction by fire on September 11, 1948, of some fifty-four bales of cotton stored in the Railway’s warehouse at La Grange, North Carolina.

The essential facts show that one Britt was engaged buying cotton for the account of Pell Cotton Company. At the time of the fire, Britt’s own warehouse, which he had leased from…