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MILLERS MUT. INS. ASS'N OF ILLINOIS v. SOUTHERN RY. CORP.

Nos. 73-1465, 73-1466.

483 F.2d 1044 (1973)

MILLERS MUTUAL INSURANCE ASSOCIATION OF ILLINOIS, Appellee, v. SOUTHERN RAILWAY CORPORATION, Appellant. MILLERS MUTUAL INSURANCE ASSOCIATION OF ILLINOIS, Appellee, v. CENTRAL SOYA COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Harold K. Bennett, Asheville, N. C. (W. T. Joyner, Raleigh, N. C. and Bennett, Kelly & Long, Asheville, N. C., on brief), for appellant in No. 73-1465.

O. E. Starnes, Jr., Asheville, N. C. (Van Winkle, Buck, Wall, Starnes & Hyde, P. A., Asheville, N. C., on brief), for appellant in No. 73-1466.

Charles R. Worley, Asheville, N. C. (J. M. Baley, III, McGuire & Wood, Asheville, N. C., on brief), for appellee in Nos. 73-1465 and 73-1466.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and FIELD, Circuit Judges.

CRAVEN, Circuit Judge:

Some time during the winter of 1970, the Earle-Chesterfield Mill received from Central Soya Company six railroad cars of No. 2 yellow corn shipped via Penn Central and Southern Railway. Some days later hot spots and smoldering heat or fire occurred in one of the corn storage bins, resulting in damage to 19,426 bushels of corn, considerable injury to the bin itself, and incidental expense — a net loss to Earle-Chesterfield

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