Grocery Co. v. . R. R.

ALLEN, J., concurring in part; HOKE, J., concurring in the opinion of ALLEN, J.; CLARK, C. J., dissenting. Civil action tried upon a waiver of trial by jury.

It appears by the findings of fact that, on 20 October, 1913, the R. J. Reynolds Tobacco Company, as consignor, at the request of the plaintiff, delivered to the Southern Railway Company, at Winston, N.C. twenty caddies of tobacco and received from it for transportation and delivery to Farmers Furnishing Company at Raeford, N.C. a bill of lading, describing the tobacco company as consignor, by which the railway company agreed to ship the…