The opinion
Stacy, C. J.
The plaintiff seeks to hold the Henderson Tobacco Company liable for his injuries on several theories, but his case is left without substance as against the Tobacco Company by the testimony of his own witness, Alton Brown: “They (Tobacco Company) buy tobacco on commission. . . . They-don’t have any trucks at all. ... Q. So their business in South Carolina is buying and transportation of tobacco? A. Not transportation, they haven’t got anything to do with that at all.”
The witness further testified that when the tobacco was loaded on his truck and bill of lading given therefor, the Henderson Tobacco Company had nothing further to do with its transportation; that his own liability in respect of the particular load in question ended with the delivery of the tobacco in Danville, and that he was then at liberty to go where he pleased
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or do as be pleased with bis truck. He could have picked up a return load, or instructed tbe driver to go elsewhere with tbe truck. As a matter of fact, on
the
occasion
in question it was
bomeword bound, running empty, on tbe return trip from Danville.
Tbis would seem to exculpate tbe Henderson Tobacco Company, tbe shipper, from any liability for tbe injury in suit. Such is tbe plaintiff’s own evidence, and tbe judgment of nonsuit as to tbe Tobacco Company would seem to be correct.
The plaintiff cites
Brown v. Truck Lines, 221
N.C. 299, 42 S.E. 2d
11,
but tbe principle upon which that case was decided would seem to be inapplicable to tbe facts of tbe'present record.
Affirmed.