Kurn v. Kearns

This is an appeal on behalf of Trustees in Bankruptcy of the Railway Company, defendants below, from a judgment for damages. The judgment was based on a jury’s verdict and was favorable to plaintiffs, Hugh Kearns and James Murphy, a copartnership.

The undisputed facts upon which the judgment was based may be summarized as follows: On or about May 4, 1943, Commodity Credit Corporation shipped, via defendants’ railway, a car of wheat from Enid, Okla. A bill of lading was issued by defendant Railway consigning the wheat to Commodity Credit Corporation or “shipper’s order”, with instructions to…