Ellis Bros. v. Lake Erie & Western Railroad

Complaint by appellant to recover damages for the loss of coal from certain carload shipments. The cause was tried by the court and the facts found specially. The court concluded as a matter of law that appellant was entitled to recover $126.29, and a judgment was rendered accordingly. The errors assigned are that the court erred in overruling the motion for a new trial, and in the conclusion of law.

The first and only contention relating to the action of the court in overruling the motion for a new trial is that the amount of the recovery is too small. This contention is based upon 1. the…