Nelson v. Chicago, Burlington & Quincy Railway Co.

Oldham, C.

This was an action to recover damages for an alleged delay in the shipment of nine car-loads of fat cattle from Franklin, Nebraska, to St. Joseph, Missouri, on the 4th day of January, 1904. Defendant answered plaintiff’s petition with a general denial. On issues thus joined there was a trial to the court and jury, verdict and judgment for the plaintiff. To reverse this judgment defendant has appealed to this court.

There is very little dispute as.to any material fact involved in the controversy, the evidence tending to show that on the last day of December, 1903, plaintiff, who had…