Elder & Johnston Co. v. Commercial Motor Freight, Inc.

This is an appeal on questions of law from a judgment of the Municipal Court of Dayton for defendant in an action for damages growing out of a shipment of mirrors which were found to be broken when the crates were opened in plaintiff’s place of business. !

The trial court found that negligence of the defendant had not been proven. We give due recognition to the well established rule that where a shipper offers proof that the goods were delivered to the carrier in good condition, and that the carrier delivered the goods to the consignee in a damaged condition, a prima facie case of negligence…