#### D. N. Wisherd Sons Company, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.

Action for damages to oysters shipped over defendant’s road and received in damaged condition. Judgment for plaintiff on trial de. novo on appeal from a judgment in justice’s court. Appeal from the Circuit Court of Adams county; the Hon. Fred G. Wolfe, Judge, presiding. Heard in this court at the April term, 1921.

Reversed and remanded.

Opinion filed October 25, 1921.

M. Finlay Carrott, for appellant; J. A. Connell, of counsel.

John F. Garner, for appellee.

Mr. Justice Heard

delivered the opinion of the court.