Southern Produce Co. v. Norfolk Southern Railroad

Pbentts, P.,

delivered the opinion of the court.

This is an action brought by Southern Produce Company, a corporation, against the Norfolk Southern Railroad Company, as initial carrier, under the Car-mack-Cummins amendment to the interstate commerce act (U. S. Comp. Sta't., 1923 Supp., sec. 8604-a, page 2356). The action is based upon the claim that, as the receiving or initial carrier, the defendant company is responsible for loss caused by negligent delay in the delivery of an interstate shipment.

The trial court sustained a demurrer to an amended declaration and entered final judgment for the…