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BENNETT v. ATLANTIC COAST LINE R. CO.

No. 601.

59 S.E.2d 598 (1950)

232 N.C. 144

BENNETT v. ATLANTIC COAST LINE R. CO., Inc.

Supreme Court of North Carolina.

May 24, 1950.

Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Whiteville, for plaintiff appellant.

Poisson, Campbell & Marshall, V. E. Phelps, Wilmington, E. K. Proctor, Whiteville, for defendant appellee.

WINBORNE, Justice.

Plaintiff, in this action, has the burden of proving the carrier's negligence as one of the facts essential to recovery, and, when he introduced evidence tending to show delivery of the shipment of horses and mules to the carrier in good condition and its delivery to the consignee in damaged condition, such evidence made out a prima facie case of negligence. Chesapeake & O. R. Co. v. Thompson Mfg. Co., 270 U.S. 416

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