E-B Trucking Co. v. Everette Truck Line, Inc.
E-B Trucking Co. v. Everette Truck Line, Inc.
Opinion of the Court
Plaintiff E-B Trucking Company, Inc. (E-B Trucking) brought this action to recover $10,009.87 which was withheld under a contract with defendant Everette Truck Line, Inc. (Everette). The trial judge granted E-B Trucking’s motion for summary judgment, awarding it $10,008.96 and interest. Everette appeals. We affirm.
I — t
On 2 May 1985, E-B Trucking trip-leased a tractor and trailer to Everette Trucking for the purpose of transporting a load of steel from J. K. Warehouse in Baltimore, Maryland to Coil Metals Industries in New Brunswick, New Jersey. The following facts are not in dispute.
Under the trip-lease agreement, E-B Trucking, the lessor, was to receive 75% of the proceeds from a job, and Everette, the lessee, was to receive 25% as compensation for arranging the job. The trip-lease agreement was in writing and contained the following provision: “Lessor further agrees to reimburse and otherwise indemnify lessee any and all losses sustained by lessee resulting from the use of the leased vehicle equipment.”
II
Summary judgment is appropriate when the pleadings, depositions, interrogatories and admissions on file, together with affidavits show no genuine issue of material fact so that a party is entitled to judgment as a matter of law. N.C. Gen. Stat. Sec. 1A-1, Rule 56 (1983). Johnson v. Phoenix Mutual Life Ins. Co., 300 N.C. 247, 266 S.E. 2d 610 (1980). Three of Everette’s four assignments of error are joined in the following assignment: that the trial judge erred in failing to find as a fact that Harrison was negligent and in failing to give effect to the trip-lease indemnification clause. Consequently, Everette appears to argue that it, not E-B Trucking, was entitled to judgment as a matter of law. We disagree.
The trial judge found as a fact, and Everette concedes, that the steel became wet during loading. Yet nowhere does the trip-
Everette’s remaining contention is that E-B Trucking is bound by Harrison’s representation in the bill of lading that the steel was in good condition when he received it. Although a signed bill of lading creates a presumption that the goods were in the condition described thereon, Brown v. Southeastern Express Co., 192 N.C. 25, 133 S.E. 414 (1926), accord American Home Products Corp. v. Howell’s Motor Freight, Inc., 46 N.C. App. 276, 264 S.E. 2d 774 (1980), that presumption was easily overcome in the instant case because the evidence that the steel became wet during loading was undisputed. This assignment is also overruled.
Judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.