Carando v. Springfield Cold Storage Co.

This is an action of tort to recover damages for the spoilage of Italian salami while stored in the cold storage warehouse of the defendant, under an agreement that the storage temperature should not exceed forty-five degrees. The trial judge made specific findings of fact, and found for the defendant. The plaintiff appealed from the order of the Appellate Division for the Western District dismissing the report of the trial judge, who denied six requests of the plaintiff for rulings.

There was no error in the denial of the third request, to the effect that the defendant did not act in a…