John Nix & Co. v. Herbert

Plaintiff in error brought an action of trespass on the case in assumpsit against Thomas S. Herbert, in the Circuit Court of Albemarle county, to recover damages for loss and injury to 4577 barrels of apples stored in the cold storage warehouse of the defendant, Herbert, situated at Crozet, Virginia.

There was a verdict in the lower court in favor of the defendant. We are asked to set aside this verdict and remand the case for a new trial because the court erred in giving and refusing certain instructions hereinafter referred to, and in refusing to set aside the verdict as contrary to the law…