Kline Iron & Steel Co. v. Superior Trucking Co.

Lewis, Justice:

Plaintiff, Kline Iron and Steel Company, recovered judgment against defendant, Superior Trucking Company, Inc., a common carrier, for damages allegedly sustained as a result of the failure of defendant to timely deliver a shipment of steel in accordance with the contract of conveyance between the parties. Defendant has appealed, presenting two basic questions for decision, to wit:(1) Was there any evidence to show that defendant failed to deliver the goods as agreed; and (2) did the trial judge properly submit the issue of damages to the jury?

Plaintiff entered into an agreement…