
    No. 811
    CLEVE., CINC., CHIC., & ST. L. RY. CO. v. FLATOW, RILEY & CO.
    Ohio Appeals, 1st Dist., Hamilton Co.
    No. 2831.
    Decided June 28, 1926
    480. EVIDENCE — When judgment is rendered in favor of plaintiff against railroad for damages to shipment of cantaloupes due to delay in transportation, such delay being but a few hours; and the delay in selling the shipment extended over a period of eight days, such judgment reversed as being against the weight of evidence.
    Attorneys — Harmon, Colston, Goldsmith & Hoadly for Railroad; Hightower, O’Brien & Porter for Company; all of Cincinnati.
   CUSHING, J.

Flatow, Riley & Co. brought an action against the Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. in the Hamilton Common Pleas to recover damages claimed to have been caused by a delay in a shipment of cantaloupes from Johnson, Indiana, to Cincinnati, Ohio.

A verdict was returned for Flatow, Riley & ■Co. and error was prosecuted to reverse the judgment. The Court of Appeals held:

1. The car was iced and sent to Johnson to be loaded on Aug. 3rd. It was loaded on the afternoon of the 4th where it was re-iced that night. It arrived in Cincinnati and was re-iced on the afternoon of the August 6th.
2. The consignee received the car about 5:09 A. M., on Aug. 7th, and very little of the shipment was sold that day. The sale began August 8th and was not completed until Aug. 15th.
3. It is difficult to understand how a few hours delay in transportation, when the car was in good condition and properly iced, could cause the damage, when the delay in selling extended over a period of eight days.
4. Verdict and judgment are against the weight of the evidence.

Judgment reversed and cause remanded.  