New York Central Railroad v. Petrozzo

The opinion of the court was delivered by

Parker, J.

The appeal is from a judgment entered on a verdict directed in favor of the railroad company, plaintiff,-on a claim for storage at one dollar a day as provided, in the official tariff under the Interstate Commerce act, of certain empty crates or boxes which had contained fruit and which had been reshipped over the plaintiffs line by Petrozzo, the defendant, and purchaser of the fruit, to Millspaugh & Smith, the sellers thereof. The empties had been resliipped to Millspaugh & Smith in order to obtain a credit for them on Petrozzo’s account.…