Henderson Mining & Manufacturing Co. v. Cimini

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

In the fall of 1915 appellee delivered to appellants 1,148 barrels of apples, to be kept in cold storage, When the apples were removed, most of them were worthless, and appellee brought this suit to recover damages in the sum of $4,592.00. From a verdict and judgment in his-favor for $2,000.00 this appeal is prosecuted.

It is first insisted that the evidence was not sufficient to authorize the submission of the case to the jury under *87the rule that where the case is one of negligence or no negligence, and the evidence is equally…