Southern Railway Co. v. Burton & Briel, Inc.

Prentis, P.,

delivered the opinion of the court.

Burton & Briel, Incorporated, have recovered a judgment for $400.00 against the Southern Railway Company upon a claim of damage to a carload of apples,shipped to them from Watsonville, California, for sale on commission. Upon the first trial of the case the jury failed to agree and were discharged, but upon the second trial there was a verdict for the plaintiff, which the trial court refused to set aside.

A number of errors of law in the granting of instructions are assigned by the railway company, but we think the questions so raised have been so…