Southern Express Co. v. Couch

This is the second appeal of this case to the Supreme Court. On the former appeal the judgment was reversed because the trial court submitted an issue of special damages to the jury. Upon remand of the cause the pleadings were amended to include the American Railway Express Company as a party defendant, alleging that it had taken over the Southern Express Company and assumed the latter’s liability, and, in addition to claiming damages for depreciation in the value of appellant’s goods for negligent delay in delivering them, claimed a penalty of $2,472, under sec. 937 of Crawford & Moses’…