Southern Ry. Co. v. Scottsboro Wholesale Co.

This is an action by appellee against the appellant for damages for failure of appellant, a common carrier, to deliver in good condition a carload shipment of apples, received by appellant to be delivered to plaintiff for a reward.

But two assignments of error are argued and insisted upon: First, refusal of the affirmative charge requested in writing by defendant, appellant; second, the overruling of defendant’s motion for a new trial. Appellee insists that neither question can be here considered for the reasons to be stated.

The original judgment was rendered on September 6, 1927. On September…