Olcovich

Plaintiff appeals from a judgment and order denying a motion for new trial in an action to recover damages for injury to two shipments of freight by plaintiff’s testator, from Berlin, New Hampshire, to San Francisco, California, under bills of lading issued by the defendant. The first consignment consisted of three thousand rolls of wrapping paper, shipped March 27, 1907, weighing thirty-five tons, costing $1,221.60 in Berlin, with freight paid thereon amounting to $416.79. The second consignment, shipped October 23, 1907, consisted of 570 bundles of wrapping paper, weighing twenty-six tons, costing $1,196.59 in Berlin, with freight paid thereon amounting to $344.73. Both shipments were so far damaged that they had no market value except as waste paper. The value of the first shipment as waste paper in San Francisco was not to exceed $165, and that of the second shipment not to exceed $130. Plaintiff’s testator, however, in an effort to reduce the loss, reconditioned the first shipment at an expense of $1,144.54. Its value was so increased that it sold for $1,558.82, making the net value of the reconditioned paper $414.28, instead of its waste paper value of $165. In the same…