Southeastern Express Co. v. Fry Produce Co.

This ease reaches this court for the second time on appeal, at the first hearing the case was reversed and remanded because of an error of the trial judge in peremptorily instructing the jury in favor of the plaintiff below. The case was retried and a verdict rendered in favor of the plaintiff, and also one of the defendants, the American Railway Express Company. The defendant Southeastern Express Company appealed from the judgment rendered against it but, failing to file its appeal bond within the time granted, it is filed with the record for writ of error.

In its motion for new trial it set…