Joseph J. Piazza d-b-a Northeastern Construction Co. v. Railway Express Agency, Inc.

This is an action of contract or tort for the loss of goods shipped by plaintiff via defendant carrier to Algonac, Michigan. Defendant’s answer is general denial.

The report states, "The facts in evidence are set forth in the court’s findings of fact and in the court’s ruling on defendant’s motion for a new trial.”

At the trial the defendant made the following Requests for Rulings:

1. The burden is upon the plaintiff to establish that the plaintiff’s shipment was damaged) and articles lost or removed therefrom while the shipment was in the defendant’s possession as a common carrier.

2. In the…