#### WILLIAM R. GIBBS, Trading and Doing Business as Greensboro Cut Stone Works, v. HIGH POINT, THOMASVILLE AND DENTON RAILROAD COMPANY.

(Filed 20 August, 1930.)

Civil actioN, before Lyon, Emergency Judge, at November Term, 1929, of Guilford.

The plaintiff instituted action against the defendant as delivering carrier for damage to a certain shipment of stone. The stone was shipped from Colitic, Indiana, on or about 23 February, 1921, on a through bill of lading. There was a verdict for the plaintiff and the defendant appealed.

Kenneth M. Brim, for plaintiff.

J ames B. Louelace for defendant.

Per Curiam.

The judgment is affirmed upon the authority of Brown v. Express Co., 192 N. C., 25, 133 S. E., 414, and Sumrett v. R. R., 152 N. C., 269, 67 S. E., 585.

No error.