W. T. Cowan, Inc. v. Wagshal

CAYTON, Chief Judge.

Plaintiff sued to recover the value of a shipment of canned ham allegedly damaged or lost through the negligence of defendant, a motor carrier. There were two trials of the case. The first resulted in a finding for defendant; but on plaintiff’s motion this finding was vacated and a new trial granted. A different judge conducted the second trial and found in favor of plaintiff for the full amount of his claim. Defendant brings this appeal.

Plaintiff’s evidence revealed that he was in the food distribution business; that five cases of canned hams were shipped to him from New…