M. V. Moore & Co. v. Southern Railway Co.
Supreme Court of North Carolina
■ Appeal by plaintiff from Harding, J., at the June Term, 1921, of BuNcombe. Civil action to recover damages for the loss of merchandise. On 5 October, 1917, the plaintiffs ordered from Friedman & Company of New York a box of clothing, which was turned over to the Pennsylvania Railroad Company for transportation and delivery to the purchasers in Asheville.
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■ Appeal by plaintiff from Harding, J., at the June Term, 1921, of BuNcombe. Civil action to recover damages for the loss of merchandise. On 5 October, 1917, the plaintiffs ordered from Friedman & Company of New York a box of clothing, which was turned over to the Pennsylvania Railroad Company for transportation and delivery to the purchasers in Asheville. The Pennsylvania Railroad then issued a straight nonnegotiable bill of lading containing this provision: “No carrier shall be liable for loss, damage, or injury not occurring on its own road or its portion of the through route, nor after…
1Opinion of the CourtAdams, J.
Tbe case was appropriately submitted to tbe jury on tbe question of tbe defendant’s negligence. Proof that tbe box was empty •when delivered to tbe plaintiffs required of tbe defendant an election between introducing testimony in exoneration and risking an adverse verdict on tbe evidence of tbe plaintiffs. Meredith v. R. R., 137 N. C., 478; White v. Hines, 182 N. C., 275. But tbe verdict shows that tbe loss was due, not to tbe negligence of tbe defendant, but to tbe negligence of tbe initial carrier. Tbe answer to tbe third issue exonerated tbe defendant from 'the charge of negligence. Tbe…
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