Davis v. Rhodes

Opinion of the Court by

Judge Dietzman

Reversing.

The only question presented by the pleadings and proof in this case is to what extent the appellee was damaged by the appellant’s failure to safely carry from Huntington, West Virginia, to Morehead, Kentucky, a carload of household goods and furniture belonging to appellee. The furniture was badly damaged, and though some of it was repaired, there were a few articles so badly broken up as to be valueless. ' The court gave the jury the following instruction on the measure of damages :

“1. The court instructs the jury that if they believe from the…