Third District.

#### Leo W. Bredehoft and Albert Ball, trading as Bredehoft & Ball, defendants in error, v. Walter L. Ross, receiver of Toledo, St. Louis & Western Railroad Company, plaintiff in error.

Action to recover damages for freezing of potatoes in transit. Judgment for plaintiff. Error to the Circuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the April term, 1919.

Affirmed.

Opinion filed July 9, 1919.

Rehearing denied October 14, 1919.

C. E. Pope and H. F. Driemeyer, for plaintiff in error. Lindley, Penwell & Lindley, for defendants in error; Walter C. Lindley, of counsel. ,

Mr. Justice Waggoner

delivered the opinion of the court.