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OLD DOMINION FREIGHT LINE v. PHILIP MORRIS

207 S.E.2d 851 (1974)

OLD DOMINION FREIGHT LINE v. PHILIP MORRIS, INC., et al.

Supreme Court of Virginia.

August 28, 1974.

Attorney(s) appearing for the Case

Joseph A. Gawrys, Norfolk (Vandeventer, Black, Meredith & Martin, Norfolk, on brief), for plaintiff in error in 730692.

R. Arthur Jett, Jr., Joseph A. Leafe, Norfolk (Jett, Berkley, Furr & Heilig, Rixey & Rixey, Norfolk, on brief), for defendants in error in 730692.

R. Arthur Jett, Jr., Norfolk (Jett, Berkley, Furr & Heilig, Norfolk, on brief), for plaintiff in error in 730698.

Joseph A. Gawrys, Joseph A. Leafe, Norfolk (Vandeventer, Black, Meredith & Martin, Rixey & Rixey, Norfolk, on brief), for defendants in error in 730698.

Joseph A. Leafe, Norfolk (Rixey & Rixey, Norfolk, on brief), for plaintiff in error in 730723.

Joseph A. Gawrys, R. Arthur Jett, Jr., Norfolk (Vandeventer, Black, Meredith & Martin, Jett, Berkley, Furr & Heilig, Norfolk, on briefs), for defendants in error in 730723.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

CARRICO, Justice.

This case involves a claim for loss of a cargo consisting of one thousand cases of cigarettes owned by Philip Morris, Inc. The cargo was contained in an Old Dominion Freight Line trailer which was stolen while parked awaiting unloading at a storage facility operated by Norfolk Terminal Corporation. In light of the positions assumed by the parties, Philip Morris is entitled to recover for the loss from one or the other of the two defendants, Old Dominion...

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