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NATIONAL UNION FIRE INS. CO. v. ATLANTIC & EAST C. RY. CO.

No. 6346.

193 F.2d 943 (1952)

NATIONAL UNION FIRE INS. CO. v. ATLANTIC & EAST CAROLINA RY. CO.

United States Court of Appeals Fourth Circuit.

Decided January 25, 1952.

Attorney(s) appearing for the Case

Rufus P. Upchurch, Raleigh, N. C. (Murray Allen, Raleigh, N. C., on the brief), for appellant.

Robert S. Langley, Kinston, N. C. (Matt H. Allen, Kinston, N. C., on the brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and WEBB, District Judge.

DOBIE, Circuit Judge.

Appellant, insurer-subrogee, instituted this action in the United States District Court for the Eastern District of North Carolina to recover from appellee (hereinafter sometimes referred to as the Railway) the sum of $5,079.08 as damages resulting from the destruction by fire on September 11, 1948, of some fifty-four bales of cotton stored in the Railway's warehouse at La Grange, North Carolina.

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