Case v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

The appellant sued appellee upon two limited-liability, live-stock contracts, alleging a failure *518upon appellee’s part to safely carry and deliver the property shipped. A general averment of performance upon the part of appellant is contained in the pleading. Appellee answered by a general denial. Upon the trial a special verdict was returned, upon which judgment was entered over appellant’s exception. The correctness of this action by the trial court is the first question for consideration.

The law is well settled that in order to justify a judgment in favor of the party upon whom rests the…