77 Ind. App. 225 | Ind. Ct. App. | 1920
The complaint in this action is in substance as follows: December 17,1913, appellee purchased 173 head of calves and yearling cattle, and shipped the same in four cars over appellant’s main line of railroad from the city of Chicago to the town of Gosport, Indiana. Said stock was shipped under a contract made a part of the complaint. When loaded it was free from disease and in good condition and properly loaded upon cars in time for shipment on the evening of said day, and was due to arrive in regular course of shipment at 6 o’clock a.m. the next morning thereafter, and if it had been diligently and promptly shipped without unnecessary delay, the same would have arrived at Gosport safe and in good condition within a period
The appellant answered in general denial, and the cause was submitted to a jury for trial. At the conclusion of the evidence, and after both parties had rested, appellant filed its motion that the court instruct the jury to return a verdict for appellant, which was overruled. After motion for a new trial which was overruled, judgment was rendered on the verdict for $1,600 in favor of appellee. Appellant assigns as error
Other errors are presented, but we deem it wholly unnecessary to consider them. The judgment is reversed, with instruction to the court to grant a new trial.