Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.

This suit was brought in three counts. The second count was dismissed. The first count is for damages to a car- of fresh meat shipped hy plaintiff from Wichita, Kansas, to New York City; the third count is for damages to a ear of fresh meat shipped from Wichita, Kansas, to Passaic, N. J. Plaintiff having recovered on both counts, defendant has appealed.

Defendant urges that there was no evidence that the meat was in good condition at the time it was delivered to the defendant at the point of origin, as alleged in the petition. Plaintiff’s evidence on this point shows that the meat was branded…