Aurora Fruit Growers Ass'n v. St. Louis-San Francisco Railway Co.

— This is an action to recover $1825.26 as damages for an alleged loss sustained in a shipment of a car of strawberries from Aurora, Missouri, to Cleveland, Ohio. The cause was tried to a jury resulting in a verdict and judgment for plaintiff for $800, and defendant appealed. We heretofore filed an opinion in this cause reversing and remanding but granted a rehearing.

It is alleged that defendant negligently failed to properly ice the car and that the ear was negligently delayed in shipment. Defendant answered by a general denial.

Error is assigned (1) on the refusal of defendant’s peremptory…