Philip Morris, Inc. v. Old Dominion Freight Line

This case involves a claim for loss of a cargo consisting of one thousand cases of cigarettes owned by Philip Morris, Inc. The cargo was contained in an Old Dominion Freight Line trailer which was stolen while parked awaiting unloading at a storage facility operated by Norfolk Terminal Corporation. In light of the positions assumed by the parties, Philip Morris is entitled to recover for the loss from one or the other of the two defendants, Old Dominion or the Terminal Corporation. The question for decision, therefore, is upon which defendant liability should fall.

When Philip Morris brought…