Railway Express Agency, Inc. v. H. Rouw Co.

This suit was brought by appellee against appellant in the circuit court of Washington County to recover damages growing out of the shipment of a car of strawberries from Mansfield, Arkansas, to Denver, Colorado.

In addition to alleging specific acts of negligence on the part of appellant as grounds for a recovery, appellee alleged appellant’s negligent failure to deliver the berries in as good condition as they were when it received them for shipment.

Appellant filed an answer denying the material allegations of the complaint.

Before the introduction of any testimony, appellee elected to rely…