Bennett v. Davis

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered judgment from the defendant for damages for his failure to stop a carload of grain that had been shipped by the plaintiff from Topeka to Little Rock, Arkansas. The defendant appeals.

The case was tried twice. By stipulation, it was tried the second time on the evidence introduced at the first trial. Findings of fact and conclusions of law were made by the court as follows:

“1. That on or about March 9th, 1918, the plaintiff, A. S. Bennett, doing business as the Bennett Grain Company, shipped two carloads of bulk corn…