#### Warren Land Company, Appellee, v. Chicago, St. Paul, Minneapolis & Omaha Railway Company, Appellant.

Gen. No. 22,764.

(Not to be reported in full.)

Abstract of the Decision.

1. Carriers, § 105 * —when evidence is sufficient to sustain verdict for plaintiff in action for negligent delay in delivery. In an action against a railroad company to recover damages caused by delay in the delivery of certain carloads of hay, held that the evidence was sufficient to sustain the verdict for plaintiff.

2. Appeal and error, § 1725*—what is effect of decision on former appeal. On a second appeal the Appellate Court is precluded from considering questions which were determined on the former appeal.

Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 30, 1917.

Statement of the Case.

Action by Warren Land Company, a corporation, plaintiff, against Chicago, St. Paul, Minneapolis & Omaha Railway Company, defendant, to recover damages for delay in the shipment of four carloads of hay. From a judgment for plaintiff for $297, defendant appeals.

For the decision on a prior appeal, see 195 Ill. App. 157.

Irving Herriott and Ira C. Belden, for appellant; William G. Wheeler, of counsel.

Lewis S. Eaton, for appellee:

*

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

Mr. Justice Dever

delivered the opinion of the court.