Davis v. John L. Roper Lumber Co.

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

*383There is but a single question involved in the decision of this case and that is as follows:

1. In an action to recover the liability imposed upon a common carrier by the Federal statute (section 20 of the interstate commerce act as amended by the Carmack and the first and second Cummins’ amendments), for loss or damage occasioned the plaintiff by the negligence of the carrier, which negligence consists of the negligent misdelivery by the terminal carrier, which occurs at the place of destination and…