Cavallaro

This is an appeal from a final judgment in favor of plaintiff for twelve hundred and fifty-five dollars and ninety-six cents and costs, and from an order denying a motion of defendant for a new trial.

Defendant is a railroad corporation organized and existing under and by virtue of the laws of the United States, and is a common carrier of freight and passengers from El Paso, in the state of Texas, by the way of Fort Worth, to Hew Orleans, in the state of Louisiana. Plaintiff is a citizen and resident of the state of California.

On the twenty-fourth day of October, 1894, the plaintiff shipped from Oakland, California, forty barrels o.f white wine, by the Atlantic & Pacific Eailroad Company, and on the twenty-fifth day of October he shipped from San Jose, California, by the same company, forty-one barrels of red wine, all consigned to “ V. Lo Secco, Hew Orleans, La.,” for which two shipments plaintiff received from the said Atlantic & Pacific Eailroad Company separate duplicate bills of lading in the usual form.

One set of these duplicate bills of lading was forwarded by the plaintiff per registered letters addressed *‘Y. Lo Secco, 29 Hospital street, Hew Orleans,” and United…