Weil's, Inc. v. Overnite Transportation Co.

VAUGHN, Judge.

The question we consider is whether the court erred when it declined to grant defendant’s motions for a directed verdict *555made at the close of plaintiff’s evidence and at the close of all the evidence.

It was incumbent upon the plaintiff to prove that the damage to the table was caused by defendant’s negligence. Absent direct evidence of negligence by the carrier, plaintiff could make out a prima, facie case by showing: (1) That the table was delivered to the carrier in good condition; and (2) that the table was damaged when delivered by the carrier to the plaintiff’s consignee.…