Marine Oil Co. v. Jac. Trautman & Co.

His, Honor, CHARLES P. CLAIBORNE,

rendered the opinion and decree of the Court, as follows:

This is a damage suit for the recovery of $633.75 value of two mules alleged to have been killed by the fault of the defendants.

Plaintiff alleges that in its business it uses a number of mules for the delivery of oil; that on August 2nd, 1910, it sent the defendants the following order, viz:

“Please deliver to our warehouse:

‘ ‘ One sack bran,

“Two sacks corn,

“15 J4 bales hay,

“20 sacks oats,

“Must be clean stuff,”

that the defendants filled the order; that the plaintiff fed its seven mules with said oats on…