Mascari v. New York, Chicago & St. Louis Railroad

— Appellant brought ‘this action in the Howard Circuit Court to recover damages against appellee on account of an injury to a carload of bananas, shipped from New Orleans to appellant at Kokomo, Indiana.

The issues were formed upon a complaint in one paragraph and an answer in general denial. Upon the issues so presented, the case was tried by the lower court without a jury and a general finding for appellee and judgment rendered thereon. The only error assigned is the overruling of the motion for a new trial which calls in question that the finding of the court is not sustained by sufficient…