#### Mueller Grain Company, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.

Gen. No. 6,570.

Action against a carrier to recover for damage to corn caused by delay in transit. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1918.

Affirmed on remittitur.

Opinion filed October 10, 1918.

Niehaus, J., took no part.

Graham & Graham and Jack, Irwin & Jack, for appellant; Charles R. Webber, Morrison R. Waite and William A. Eggers, of counsel. Clarence ,W. Heyl and Harry C. Heyl, for appellee.

Mr. Justice Carnes

delivered the opinion of the court.