#### IRVIN I. GURFEIN, Trading as SOUTHERN PLATE & WINDOW GLASS COMPANY, v. ROADWAY EXPRESS, INC.

(Filed 14 December, 1955.)

Carriers § 11—

Evidence that merchandise in good condition was delivered to a carrier and that it was delivered by the carrier in damaged condition, makes out a prima facie case precluding nonsuit.

Appeal by plaintiff from Preyer, J., at 29 August, 1955, Term (Civil), of Guilford. ....

Civil action to recover damage to property in transit from, Toledo,, Ohio, to plaintiff in Greensboro, North Carolina.

*290Upon the trial in Superior Court plaintiff offered evidence tending to show that defendant, a common carrier of property by motor truck in interstate commerce, accepted from Toledo Plate & Window Glass Company, in Toledo, Ohio, one case of plate glass silvered for mirrors in good condition for transportation by motor truck and trailer to plaintiff in Greensboro, North Carolina, for which defendant issued a straight bill of lading; that after the shipment arrived at plaintiff’s place in Greensboro the driver of defendant’s truck said “We tore these braces loose and it slipped down in the truck”; that the glass was delivered “in a totally damaged condition”; and that the wholesale value of the glass was $809.96 plus freight.

When plaintiff rested its case, motion of defendant for judgment as of nonsuit was allowed, and to judgment in accordance therewith dismissing the action, and taxing plaintiff with the cost, plaintiff excepted, and appeals therefrom to Supreme Court and assigns error.

Thomas Turner and J. J. Shields for plaintiff, appellant.

Blackwell, Blackwell & Canady for defendant, appellee.

Per CuRiam.

The evidence offered by plaintiff, taken in the light most favorable to it, makes out a prima facie case for consideration by the jury. Hence the judgment as of nonsuit entered in the court below is

Reversed.