Dworsky v. Pennsylvania Railroad

About September 3, 1932, the plaintiff shipped a carload of cattle from Orrville, Ohio, to himself at Ithaca, N. Y. They arrived September seventh. The plaintiff sues in negligence for damages to the shipment alleged to have been caused by delay and rough handling.

Section 2(c) of the uniform live stock contract, under which the shipment was made, provides, so far as applicable here: "As a condition precedent to recovery, claims must be filed in writing *361with the receiving or delivering carrier * * * within nine months after delivery * * *. Where claims are not filed * * * in accordance with…