Sutton v. Minneapolis & St. Louis Railway Co.

Loring, Chief Justice.

This case comes here on appeal from an order granting judgment notwithstanding a verdict of $4,950 for plaintiff in a suit to recover damages for loss of a carload of eggs shipped from Pittsburgh to Minneapolis over defendant’s railroad, as terminal carrier. The order was made in response to an alternative motion for judgment ov a new trial.

In 1943, plaintiff was engaged at Grand Eapids, Michigan, in the business of buying, processing, and freezing eggs which were gathered by truck from producers over a radius of about 100 miles around Grand Eapids. The eggs involved in…