Kirchner v. New York Central System

Ness, -T.

This is an appeal on questions of law from a judgment entered on a verdict for plaintiff-appellee in the sum of $2,053.07. No assignments of error were filed by defendant-appellant, but in the absence of a motion to dismiss, this court is confronted with the bur den of determining by a review of the briefs and bill of exceptions whether any prejudicial error intervened at the trial.

The first cause of action in the petition alleges that plaintiff was advised by the station agent of the defendant that a carload of sweet cream leaving Bowling Green at 3:40 p. m. on June 9, 1947, would…