H. Rouw Co. v. St. Louis-San Francisco Railway Co.

Iíabt, C. J.

It is earnestly insisted by the plaintiff that the court erred in giving instruction No. 7, which is as follows:. “The court charges you that, before the plaintiff can recover herein, it must show by a preponderance of the testimony that the said berries were in good condition for shipment at the time they were delivered to the defendant, and that said defendant failed to exercise ordinary care to ice said car, while the same was in transit, at regular icing stations along the line of railroad over which said car was transported, and to keep the vents and drain-pipes open, and,…