Lewis v. Roth

This is an action in contract against defendant, a common carrier in interstate commerce, for damages to certain store fixtures while in transit. After a trial before the court without a jury, a judgment was entered against the defendant in the sum of $45. Defendant’s motions in arrest of judgment and for a new trial were overruled. Defendant appeals.

Plaintiff owns and operates a 5 and 10 cent store in Chicago. He purchased certain store fixtures at Beatrice, Nebraska. After delivery of. the fixtures to the plaintiff at Chicago and payment to the defendant of the amount of freight due on the…