Southern Ice & Utilities Co. v. Stewart

(after stating the facts as above).

Appellant urges on appeal the two points that the findings of fact as made by the trial court were not only clearly contrary to the preponderance of the evidence, but that the evidence was legally insufficient to show actionable negligence. It was admittedly proven that the appellee delivered to appellant a large number of cases of eggs in April, 1926, for preservation by means of cold storage until January following, subject to be sooner withdrawn at the option of appellee. At the time of delivery to appellant the eggs were fresh eggs, sorted, graded, and…