Hornthal v. . Steamboat Co.

The plaintiff alleged that the defendant agreed, in consideration of the freight paid to it by the plaintiff, to safely convey for him from Edenton to Flag Run, on the Roanoke River, certain goods of the value of $346.05; that defendant had failed to do so, and that the same were wholly lost to plaintiff.

The defendant admitted receiving the goods for shipment at Edenton on 11 October, 1884, and that they were not delivered at Flag Run, but denied the right of plaintiff to recover under the contract of shipment; that they were destroyed by fire without any negligence of the defendant.

The…