Jenckes Spinning Co. v. N. Y., N. H. & H. R. R.

This is an action in assumpsit to recover the value of two bales of cotton which were shipped from Boston over the defendant's railroad. The point of destination was Darlington, R. I. One of the bales was included in a shipment on May 1, 1920, of six bales and the other was a part of a shipment on May 10,1920, of two bales. Neither of the bales in question was delivered. The case was tried by the Presiding Justice of the Superior Court sitting without a jury and the case is before us on the plaintiff’s exception to the decision of said justice for the defendant.

The defence is that the action…