{ "id": 12165118, "name": "AMERICAN CIGARETTE AND CIGAR COMPANY, INC., v. M. C. GARNER, Trading and Doing Business Under the Firm Name and Style of M. C. GARNER TRUCK LINES", "name_abbreviation": "American Cigarette & Cigar Co. v. Garner", "decision_date": "1948-06-04", "docket_number": "", "first_page": "173", "last_page": "175", "citations": [ { "type": "official", "cite": "229 N.C. 173" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "200 Ky., 713", "category": "reporters:state", "reporter": "Ky.", "case_ids": [ 2404892 ], "opinion_index": 0, "case_paths": [ "/ky/200/0713-01" ] }, { "cite": "20 A. L. R., 262", "category": "reporters:specialty", "reporter": "A.L.R.", "opinion_index": 0 }, { "cite": "223 U. S., 481", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 3662292 ], "opinion_index": 0, "case_paths": [ "/us/223/0481-01" ] }, { "cite": "249 U. S., 186", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 3687041 ], "opinion_index": 0, "case_paths": [ "/us/249/0186-01" ] }, { "cite": "271 Fed., 906", "category": "reporters:federal", "reporter": "F.", "case_ids": [ 3581758 ], "opinion_index": 0, "case_paths": [ "/f/271/0906-01" ] }, { "cite": "278 Fed., 864", "category": "reporters:federal", "reporter": "F.", "case_ids": [ 6742510 ], "opinion_index": 0, "case_paths": [ "/f/278/0864-01" ] }, { "cite": "270 U. S., 416", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6140905 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/us/270/0416-01" ] }, { "cite": "227 U. S., 657", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 8289750 ], "opinion_index": 0, "case_paths": [ "/us/227/0657-01" ] }, { "cite": "226 U. S., 491", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 8288298 ], "opinion_index": 0, "case_paths": [ "/us/226/0491-01" ] }, { "cite": "165 A. L. R., 988", "category": "reporters:specialty", "reporter": "A.L.R.", "opinion_index": 0 }, { "cite": "208 S. C., 319", "category": "reporters:state", "reporter": "S.C.", "case_ids": [ 8715290 ], "opinion_index": 0, "case_paths": [ "/sc/208/0319-01" ] }, { "cite": "241 U. S., 319", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 8287483 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/us/241/0319-01" ] }, { "cite": "88 S. E., 156", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "171 N. C., 158", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11269468 ], "opinion_index": 0, "case_paths": [ "/nc/171/0158-01" ] }, { "cite": "111 S. E., 166", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "183 N. C., 213", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8655832 ], "opinion_index": 0, "case_paths": [ "/nc/183/0213-01" ] }, { "cite": "110 S. E., 855", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "183 N. C., 144", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8655607 ], "opinion_index": 0, "case_paths": [ "/nc/183/0144-01" ] }, { "cite": "50 S. E., 1", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "137 N. C., 478", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8656842 ], "opinion_index": 0, "case_paths": [ "/nc/137/0478-01" ] }, { "cite": "224 N. C., 343", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8601708 ], "opinion_index": 0, "case_paths": [ "/nc/224/0343-01" ] } ], "analysis": { "cardinality": 402, "char_count": 6848, "ocr_confidence": 0.497, "pagerank": { "raw": 1.802768254366952e-07, "percentile": 0.7166581912690663 }, "sha256": "aca40acd405cb2c2eb62c25f51620365631c6bf6f390b3d1a277ebdf0dec9fcf", "simhash": "1:3b029022ac8a81d0", "word_count": 1218 }, "last_updated": "2023-07-14T16:16:54.231798+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "AMERICAN CIGARETTE AND CIGAR COMPANY, INC., v. M. C. GARNER, Trading and Doing Business Under the Firm Name and Style of M. C. GARNER TRUCK LINES." ], "opinions": [ { "text": "DeviN, J.\nThe plaintiff\u2019s appeal presents the question whether the finding by the court that the shipment of goods was received by a common carrier for transportation in interstate commerce, and bill of lading issued therefor, without limitation or exception, and that, due to robbery by unknown persons, the goods were lost en route and never delivered was alone sufficient to impose liability for the value thereof upon the defendant carrier.\nThe common law rule holds a common carrier, in the absence of special contract, liable for loss of goods in transit, unless the carrier can show that the loss was attributable to an act of God, the public enemy, the fault of the shipper, or inherent defect in the goods shipped. This rule obtains in this jurisdiction as to intrastate shipments. Merchant v. Lassiter, 224 N. C., 343, 30 S. E. (2d), 217. In that case it was said, \u201cA carrier is an insurer against loss of goods received for shipment. . . . It is bound to safely carry and deliver merchandise received and accepted for transportation (Meredith v. R. R., 137 N. C., 478, 50 S. E., 1), and in case of loss plaintiff need only prove delivery to and nondelivery by the carrier,\u201d citing Morris v. Express Co., 183 N. C., 144, 110 S. E., 855; Moore v. R. R., 183 N. C., 213, 111 S. E., 166; Perry v. R. R., 171 N. C., 158, 88 S. E., 156.\nIn the case at bar the shipment was interstate; hence \u201crights and liabilities of the parties depend upon Acts of Congress, the bill of lading, and common law rules as accepted and applied in Federal tribunals,\u201d Cincinnati, N. O. & T. P. R. Co. v. Rankin, 241 U. S., 319; White v. Southern R. Co., 208 S. C., 319, 38 S. E. (2d), 111; 165 A. L. R., 988. Accordingly it is argued here that the language of the Carmack and Cummins Amendments to the Hepburn Act declaring the carrier liable for any loss of goods in transit \u201ccaused by it,\u201d and that if loss be due to \u201ccarelessness or negligence\u201d of the carrier no notice of claim should be required as condition precedent to recovery, indicates a modification of the common law rule, but we think the reference to negligence as affecting the carrier\u2019s liability applies only in case of failure to give required notice of claim. Cincinnati, N. O. & T. P. R. Co. v. Rankin, 241 U. S., 319; Adams Exp. Co. v. Croninger, 226 U. S., 491; Missouri K. & T. R. Co. v. Harriman Bros., 227 U. S., 657 (672); Chesapeake & O. R. Co. v. Thompson Mfg. Co., 270 U. S., 416; Gillette Safety Razor Co. v. Davis, 278 Fed., 864; Lehigh Valley R. Co. v. Lysaght, 271 Fed., 906. The rule of substantive law that the common carrier is liable for failure to transport safely goods received by him for shipment interstate, unless the loss be due to one of the causes herein referred to, has not been changed by statute or authoritative rule of the Federal courts. Chesapeake & O. R. Co. v. Thompson Mfg. Co., 270 U. S., 416; Cincinnati, N. O. & T. P. R. Co. v. Rankin, 241 U. S., 319; Chicago E. Ill. R. Co. v. Collins Produce Co., 249 U. S., 186. Proof of delivery to carrier and failure to transport safely to consignee was sufficient to make out a case. \u201cIf the failure to deliver was due to the act of God, the public enemy, or some cause against which it might lawfully contract, it was for the carrier to bring itself within such exception. In the absence of such proof, the plaintiffs are entitled to recover.\u201d Galveston H. & S. A. R. Co. v. Wallace, 223 U. S., 481.\nThat the loss of the goods was duo to robbery on the part of unknown persons does not relieve the carrier. While armed robbers may be in a souse enemies of society, the loss due to their depredations may not be held in law to come within the definition of \u201cpublic enemies\u201d as affecting the liability of a common carrier of goods (9 Am. Jur., 860, and cases cited; 20 A. L. R., 262 (Annotation)), in the absence of exemption therefor in the bill of lading, Kesler v. S. Ry. Co., 200 Ky., 713. The Federal statutes regulating transportation in interstate commerce by rail are made applicable to motor carriers. 49 U. S. C. A., sec. 319.\nWhile the plaintiff in its complaint referred to the loss of the goods as due to the carelessness of the defendant in handling the shipment, its allegations of delivery of the described goods to and receipt by defendant, a common carrier, for shipment, and loss of the goods and failure to deliver to the consignee, was sufficient to state a cause of action, without requiring proof of negligence, or applying the law of bailments.\nFor the reasons stated the court below was in error, and the judgment is\nReversed.", "type": "majority", "author": "DeviN, J." } ], "attorneys": [ "Fuller, Reade & Fuller for plaintiff, appellant.", "Ruark & Ruarle for defendant, appellee." ], "corrections": "", "head_matter": "AMERICAN CIGARETTE AND CIGAR COMPANY, INC., v. M. C. GARNER, Trading and Doing Business Under the Firm Name and Style of M. C. GARNER TRUCK LINES.\n(Filed 4 June, 1948.)\n1. Carriers \u00a7 12\u2014\nThe common law rule that a carrier, in the absence of special contract, is liable for loss of goods in transit unless the carrier can show that, loss was attributable to act of God. the public enemy, fault of the shipper, or inherent defect in the goods shipped, applies to interstate shipments as well as intrastate shipments, since the rule has not been changed by decision of the Federal courts or by Federal statute, the reference to negligence in the Carmack and Cummins Amendments to the Ilepburn Act applying only in case of failure to give required notice of claim.\n2. Same\u2014\nArmed robbers are not \u201cpublic enemies\u201d within the meaning of the rule of liability of common carriers.\n3. Carriers \u00a7 3\u2014\nThe Federal statutes regulating transportation in interstate commerce by rail are made applicable to motor carriers. 49 TJ. S. C. A., 319.\n4. Carriers \u00a7 12\u2014\nAllegations of delivery of goods to a carrier for shipment and nondelivery by the carrier are sufficient to state a cause of action, and the fact that the complaint also alleges the loss was due to carelessness of the carrier in handling the goods does not require plaintiff to prove negligence or make the law of bailments applicable.\nAppeal by plaintiff from Bone, J., at September Term, 1947, of Dubham.\nReversed.\nSuit by the shipper for loss of goods delivered to defendant, a common carrier, for shipment interstate.\nJury trial was waived and under stipulation the trial judge found that the defendant, a common carrier, received from the plaintiff in Durham, N. C., a shipment of cigarettes for transportation by motor truck and trailer to a point in New Jersey. Plaintiff paid the freight and received bill of lading therefor. En route a major portion of the goods, in value $29,888.35, was stolen by persons unknown and was never delivered. The court found the loss was not caused by any act or negligence of the carrier or his agent, and adjudged that the plaintiff recover nothing.\nPlaintiff excepted and appealed.\nFuller, Reade & Fuller for plaintiff, appellant.\nRuark & Ruarle for defendant, appellee." }, "file_name": "0173-01", "first_page_order": 227, "last_page_order": 229 }