Dupre Company v. Railway

January 13, 1914. The opinion of the Court was delivered by This was an action by plaintiff against defendant to recover the sum of ninety-two and 80-100 ($92.80) dollars, the value of twenty-nine bags of potatoes alleged to be lost and damaged by defendant, and the further sum of fifty ($50.00) dollars penalty for failure to pay claim for said loss and damages to the potatoes within the time required by law. The case was tried before Honorable Frank B. Gary and a jury, and resulted in a verdict in favor of the plaintiff in the full amount sued for.

At the close of plaintiff's evidence a…