W. A. White Brokerage Co. v. American Railway Express Co.

Taylor, C.

In the latter part of April, 1925, plaintiff shipped a carload of strawberries from Springdale, Arkansas, to Fargo, North Dakota. The berries were delivered to defendant at Springdale in good condition and arrived at Fargo in bad condition. Plaintiff sued for damages. The jury returned a verdict for defendant, and plaintiff appealed from an order denying a new trial.

The assignments of error are directed solely to the charge of the court, and the following three paragraphs are particularly urged as erroneous:

[1] “In an ordinary case goods delivered to the express company and received…