Di Giorgio Importing & Steamship Co. v. Pennsylvania Railroad Co.
Court of Appeals of Maryland
According to the course of dealing between the plaintiff, an importer of bananas and tropical fruit and the defendant railway company, it was customary for the plaintiff to notify the defendant on each Friday of the number of cars that would be needed during the ensuing week. These were refrigerator cars sent by defendant on floats to the plaintiff’s vessels at the wharf in Baltimore.
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According to the course of dealing between the plaintiff, an importer of bananas and tropical fruit and the defendant railway company, it was customary for the plaintiff to notify the defendant on each Friday of the number of cars that would be needed during the ensuing week. These were refrigerator cars sent by defendant on floats to the plaintiff’s vessels at the wharf in Baltimore. On Friday, June 26th, plaintiff sent a requisition for car floats which stated that on Saturday, the 27th, at 10 o’clock, A. M., floats would be required for the cargo of the ship America. The requisition named…
1Opinion of the CourtPearce, J.
This is an action brought by the appellant, the Di Giorgio Importing and Steamship Company, a body corporate, against the appellee, the Pennsylvania Railroad Company, a body corporate, for failure to furnish cars for shipment of perishable goods over the lines of the appellee. The appellant was in June, 1903, and still is, engaged in the business of importing into Baltimore tropical fruits, principally bananas, from Jamaica and Cuba. The declaration sets forth that the plaintiff being in possession on June 27th, 1903, of one or more cargoes of bananas imported by it, and being desirous of…
2Cases cited9 opinions
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Zittle v. WellerCourt of Appeals of Maryland · 1885
- Baltimore & Ohio Railroad v. State ex rel. FryerCourt of Appeals of Maryland · 1869
- Philadelphia, Wilmington & Baltimore Railroad v. LehmanCourt of Appeals of Maryland · 1881
- Philadelphia, Wilmington & Baltimore Railroad v. ConstableCourt of Appeals of Maryland · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Atlantic Coast Line Railroad v. Florida Fine Fruit Co.Supreme Court of Florida · 1927
- Chicago, R. I. & P. Ry. Co. v. Lawton Refining Co.Court of Appeals for the Eighth Circuit · 1918
- Atlantic Fruit Co. v. Pennsylvania RailroadCourt of Appeals of Maryland · 1925
- Cronan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.