MIRSKI v. CHESAPEAKE & OHIO RY. CO.

No. 38291.

31 Ill.2d 423 (1964)

202 N.E.2d 22

TED MIRSKI, Appellee, v. THE CHESAPEAKE AND OHIO RAILWAY COMPANY, Appellant.

Supreme Court of Illinois.

Modified on denial of rehearing November 23, 1964.


Attorney(s) appearing for the Case

GARDNER, CARTON, DOUGLAS & CHILGREN, of Chicago, (JOSEPH P. CARR and JOHN K. NOTZ, JR., of counsel.) for appellant.

H. HASKELL LURIE and MARTIN F. HAUSELMAN, both of Chicago, for appellee.


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This is an action to recover for alleged damage to a carload of cherries shipped from Yakima, Washington, to Cincinnati, Ohio. After a trial without a jury, judgment was entered for the plaintiff in the sum of $3,250, which was the approximate difference between the plaintiff's cost price and his selling price. The appellate court affirmed, (44 Ill.App.2d 48...

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