Jenrette Transport Co. v. Atlantic Fire Insurance

This appeal turns on wbetber or not tbe plaintiff offered more tban a scintilla of evidence in tbe trial below in support of its allegation tbat plaintiff’s truck and some of tbe tanks wbicb were being transported, collided witb tbe side of tbe underpass. If no part of tbe truck or trailer collided witb tbe underpass, tbe plaintiff is not entitled to recover, irrespective of any damage tbat may bave resulted from tbe tanks having collided therewith. Cf. Electric Co. v. Insurance Co., 229 N.C. 518, 50 S.E. 2d 295, where tbe cargo insurance policy contained no exclusion clause such as tbat…