#### E. F. McCarty, appellee, v. Illinois Central Railroad Company, appellant.

Assumpsit for damages for failing to deliver carload of apples within reasonable time. Judgment for plaintiff. Appeal from the Circuit Court of Jasper county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the March term, 1923.

Affirmed.

Opinion filed July 2, 1923.

Kasserman & Kasserman, for appellant. John G. Drennan and E. A. Smith, of counsel. Albert E. Isley, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.