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MIRSKI v. CHESAPEAKE & O. RY. CO.

Gen. No. 49,048.

44 Ill. App.2d 48 (1963)

194 N.E.2d 361

Ted Mirski, Appellee and Cross-Appellant, v. The Chesapeake and Ohio Railway Company, a Corporation, Appellant and Cross-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied October 31, 1963.

Attorney(s) appearing for the Case

Gardner, Carton, Douglas & Chilgren, of Chicago (Joseph P. Carr and John K. Notz, Jr., of counsel), for appellant and cross-appellee.

H. Haskell Lurie, of Chicago (Martin F. Hauselman, of counsel), for appellee and cross-appellant.

MR. JUSTICE MURPHY delivered the opinion of the court.

Plaintiff sues for damages allegedly sustained by reason of the deterioration of a carload of cherries enroute from Yakima, Washington, to Cincinnnati, Ohio. after a nonjury trial, the court entered judgment against defendant for $3250. Defendant appeals, and plaintiff cross-appeals on the sufficiency of damages awarded.

In July, 1957, plaintiff and George Joseph, who later assigned his interest to plaintiff...

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