Wilkinson & Carroll Cotton Co. v. Chicago, M. & G. R. Co.

HICKS, Circuit Judge.

Appellant, heroin called plaintiff, sued appellees, herein called defendants, for damages for the destruction of 122 bales of cotton by fire in the compress and warehouse of Churchill Compress Company at Dyersburg, Tenn., October 11, 1922. The case was tried upon an agreed statement of facts. Each party moved for a directed verdict. Defendants’ motion was sustained and a verdict directed accordingly. It followed, of course, that plaintiff’s motion was denied. The action of the court in these particulars is the matter presented for review.

Plaintiff was a cotton factor in…