Norfolk Truckers Exchange, Inc. v. Norfolk Southern Railroad

Citations

• 116 Va. 466
• 82 S.E. 92
• 1914 Va. LEXIS 51

Syllabus

<p>1. Carriers—Carmack Amendment—Averment in Pleading.—In an action against the initial carrier of goods to recover for tbeir loss, where the facts shown in the evidence make it appear that the cause of the action came within the sphere of the “Carmack amendment” of the act of Congress relating to carriers, recovery may be had under said amendment, although the declaration declares as at common law and does not aver that any connecting carrier existed, or show any facts to allow the amendment to operate.</p> <p>2. Carriers—Carmack Amendment—Damages iy Delay.—The “Car-mack amendment” which makes the initial carrier responsible for “loss or damage or injury to goods” is broad enough to cover a case of damage to the shipper by reason of delay.</p> <p>3. Verdicts-—Evidence to Support—Case at Bar.—In view of the established facts in the case at bar and the reasonable inferences to be drawn therefrom, it cannot be said that the jury were without evidence to support their conclusion that there had been unreasonable delay in the carriage and delivery of the goods for the value of which the action was brought, and that such delay was the cause of the consignee’s refusal to accept them, nor can it be said that the verdict is a plain deviation from right and justice, hence it was error for the trial court to set aside the verdict.</p> <p>4. Instructions—Inviting Error.—Where the only instructions given were asked for by the plaintiff in error, the jury could not have been misdirected to his prejudice.</p>