Hardesty v. American Railway Express Co.

Harrington, J.,

charging the jury:

In order for the plaintiff to recover, he must prove to your satisfaction by a preponderance of the evidence, one or more of the acts alleged in the declaration. There are three things alleged: first, the acceptance of a certain quantity of strawberries in its capacity as a common carrier, and a failure to deliver the same to the consignee; second, negligent delay in transporting and delivering certain perishable property, namely, strawberries; and third, negligent lack of proper refrigeration in said delayed shipment of strawberries.

In Klair & Hollingsworth…