Nicholas Zeo, Inc. v. Railway Express Agency, Inc.

This is an action of contract or tort to recover for damage to a carload of strawberries shipped from Florida to Springfield. The case was tried before a judge of the Superior Court who found for the defendant.

The plaintiff’s exceptions relate to denial of two requests for rulings: “13. That the defendant’s failure to reroute ... in accordance with the plaintiff’s instructions was a breach of its duty to the plaintiff and the defendant is liable in damages for its failure so to do. 14. That the evidence warrants a finding for the plaintiff.” The judge’s action on the requests was: “Request…