J. F. Anderson Lbr. Co. v. Chicago & N. W. Ry. Co.

MISER, C.

This action was commenced by respondent, a retail coal dealer at Newell, S. D., to recover for an alleged loss of coal in seven shipments, from September 1920, to March, 1922, none of which originated on the line of the appellant carrier. The trial was had in May, 1926. The trial court made findings of fact in favor of respondent and entered judgment thereop as to five of the shipments. The aggregate amount of soft coal shipped was 446,300 pounds. The aggregate shortage claimed’ was 18,020 pounds, averaging about 4. per cent of the weight of the .coal shipped; although, in one…