Piner Bros. v. Norfolk Southern Railroad

Defendant’s chief exception, as stressed on the argument and in its brief, is the one addressed to the refusal of the court to grant its motion for judgment as of nonsuit, made first at the close of plaintiff’s evidence and renewed at the close of all the evidence, upon the ground that the consignee of said shipment of cabbages, and not the plaintiff, is the real party in interest and alone entitled to maintain an action for its loss or damage.

Speaking to this question in the recent case of Anderson v. Express Co., 187 N. C., p. 173, Adams, J., epitomizing the decisions on the subject in a…