210 F. 896 | 8th Cir. | 1914
This was an action for damages for breach of an alleged contract to transport for plaintiff, in 24 hours, two lots of cattle from South St. Paul, Minn., to Chicago, Ill. The transportation was at regular tariff rates; the complaint was on account of the excess of time taken. A trial to a jury resulted in a verdict for the plaintiff. Afterwards, on motion of the defendant, the court rendered judgment in its favor, notwithstanding the verdict.
A judgment for plaintiff on a third count for an overcharge was rendered by agreement, and is not in controversy here. The judgment on the first and second counts is reversed and the cause is remanded for a new trial as to them.