#### J. W. Gullett, Appellee, v. Illinois Central Railroad Company, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Pope county; the Hon. William N. Butler Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 1, 1914.

Statement oif the Case.

Action by J. W. Gullett against the Illinois Central Railroad Company to recover damages to a peanut roaster in the course of shipment. The roaster was *552delivered to the Baltimore and Ohio Southwestern Railroad and transferred in the regular course of shipment to defendant’s railroad. The suit was first commenced before a justice of the peace and on appeal to the Circuit Court the plaintiff recovered a verdict itnd judgment for thirty dollars. To reverse the judgment, defendant appeals.

Charles Durfee and W. W. Barr, for appellant; Blewett Lee and W. S. Horton, of counsel.

W. S. Morse, for appellee.

Abstract of the Decision.

1. Carriers, § 135 * —when recovery for damages to shipment sustained by the evidence. In an action against a railroad company which was a connecting carrier to recover damages claimed to have been occasioned to a peanut roaster in the course of its shipment, a verdict for plaintiff held sustained by the evidence, the questions of facts presented being whether the roaster was in good condition when received by the initial carrier, whether it was crated for shipment and whether it was shipped at owner’s risk.

2. Instructions, § 107 * —right to instruction on theory of case. A party has the right to have the jury instructed upon the law bearing upon his theory of the case when there is proof to support it.

*

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Justice Higbee

delivered the opinion of the court.