Tentzer v. Reading Company

Opinion by

Keller., J.,

This is an action by a consignee and owner of goods who ordered them reconsigned to a third person, against a common carrier for damages for failure to make delivery of the shipment.

The court below entered a compulsory nonsuit— which it subsequently refused to take off — on two grounds: (1) Because there was no sufficient evidence of non-delivery of the shipment; (2) because, having ordered the shipment reconsigned to another person, the plaintiff could not maintain the action. We think the court was wrong in both positions.(1) The plaintiff’s statement averred, inter…