Finck Cigar Factory v. Am. Ry. Express

The trial court’s judgment in this cause was affirmed without written opinion, but, in deference to the courteous earnestness and the ability with which appellant’s counsel has urged his views upon the court, this statement of the ground upon which the affirmance was rested is -made:

The court’s conclusion was that the undisputed facts surrounding the action of the appellee in taking and tendering the goods to Mike Haney amounted in law to such a delivery of them to him as to comply with its contract of carriage and to relieve it of further responsibility. By the uncontrovert-ed proof, indeed,…