Jeans v. Seaboard Air Line Railway Co.

This action is brought to recover $18.75, tbe value of a shipment of syrup made to tbe plaintiff over tbe defendant’s railway, and for $50 penalty under section 2634 for delay in settling tbe claim, and also for an additional penalty of $50 under Revisal, see. 2633, for refusal of defendant’s agent to deliver tbe goods upon plaintiff’s demand.

I am of opinion that tbe plaintiff is. not entitled to recover tbe additional penalty last named.

Tbe plaintiff’s evidence tends to prove that in March, 1912, Penick & Foard shipped to him by tbe defendant’s railway six crates of syrup. Tbe plaintiff…