E & J. CO. v. MOTOR FREIGHT

No. 2230.

94 Ohio App. 358 (1953)

THE ELDER & JOHNSTON CO., APPELLANT, v. COMMERCIAL MOTOR FREIGHT, INC., OF INDIANA, APPELLEE.

Court of Appeals of Ohio, Montgomery county.

Decided April 2, 1953.


Attorney(s) appearing for the Case

Messrs. Marshall & Smith, for appellant.

Messrs. Pickrel, Schaeffer & Ebeling and Mr. H. Thomas Hacke, Jr., for appellee.


Per Curiam.

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...

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