Leo Lococo's Sons v. Louisville N. R. Co.

Opinion of the Court by

Stanley, Commissioner

Reversing.

The suit is for damages caused by delay in transporting a car of bananas from New Orleans to Louisville in December, 1932. Upon a directed verdict judgment was rendered for the defendant, and the plaintiff, John L. Locoeo, doing business as Leo Lococo’s Sons, appeals, and insists that the evidence entitled him to a submission of the issues to the jury.

On December 19th the Fruit Dispatch Company, importer of fruit, shipped a car of green bananas from New Orleans consigned to itself at Montgomery, Ala. "While it was en route or “rolling,” it…