Cincinnati, New Orleans & Texas Pacific Railway Co. v. Smith

Opinion of the Court by

Judge Miller

Reversing.

The appellees, Smith & Johnston, instituted this action to recover $889.59, damages growing out of four different shipments of live stock from Danville, Kentucky, to Cincinnati, Ohio, and one shipment to Jersey City, N. J., on and between October 12th, 1911, and January 30, 1912.

There was a peremptory instruction for the defendant as to the shipment of January 13th, 1912, and the appellees do not complain of that ruling.

A jury trial of the issues relating to the other four shipments resulted in a verdict and judgment in favor of the plaintiffs for…