Kesselman v. Mid-States Freight Lines, Inc.

This is an action in assumpsit to recover damages for failure to deliver certain goods in accordance with a bill of lading. It was tried in the superior court before a justice sitting without a jury and resulted in a decision for the defendant. The case is here upon plaintiff’s exception to that decision.

The facts, which are undisputed, may be summarized as follows. The plaintiff, of Knoxville, Tennessee, caused Brass & Copper Sales Company of Indianapolis, Indiana, to obtain from the defendant, a motor carrier, a bill of lading for two “skids” of aluminum sheets consigned to “Southern Rail &…