Stella Cheese Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The plaintiff sues to recover damages for an alleged loss of Italian cheese delivered by the plaintiff to the defendant railroad at Clayton, Wisconsin, to be shipped to the plaintiff at Brooklyn, New York. The case was tried to a jury. At the close of the testimony the defendant moved for a directed verdict. The trial judge withheld ruling upon the motion and submitted the case to the jury on a special verdict which the jury returned so answered as to entitle the plaintiff to judgment in its favor if a jury question was raised by the evidence. The trial judge finally held that the defendant’s…