Riedinger v. Diamond Match Co.

RICHARDS, Circuit Judge.

This’ was an action, on an implied contract, to recover damages for the failure of the defendant below to run, sort, and deliver, with reasonable dispatch and care, certain logs driven by the plaintiff below down the Ontonagon river, in Michigan, whereby they became worm-eaten, sap-rotten, and discolored. The case is brought here to review the action of the trial judge directing the jury to return a verdict for thé defendant on the ground that the same damages claimed in this action were sought to be recovered in a former suit between the same parties, in which the…