Crinella

This is an action by a shipper against a common carrier for damages for negligence in transporting two carloads of grapes from Fulton, California, to Buhl, Minnesota. The negligence alleged in the complaint was unusual delay and failure to properly ice the cars in transit, resulting in decay of the shipments. The trial was had by a jury. The verdict was for the plaintiff for $356.44 on the first car and $1,800.13 on the second car. The defendant appeals from the judgment.

The main contention of appellant is that plaintiff failed to prove that he filed a claim against the common carrier for the damage before bringing this action. It contends that where no claim for loss or . damage has been filed the usual presumption of negligence upon the part of the carrier does not exist, and from this (confusing presumption and inference, as it seems to us), it argues that the inference of the carrier’s negligence and liability is not to be made merely from the proof of the shipment of the grapes in good condition and the arrival in bad condition, together with unreasonable delay, and that respondent must actually prove the negligent acts causing the damage. We quote from the appellant’s…