Legal Opinion

Orem Fruit & Produce Co. v. Northern Central Railway Co.

Court of Appeals of Maryland

Decided April 4, 1907PublishedCited by 6 opinions

Appeal from the Baltimore City Court (Wright, J.) In the third bill of exceptions plaintiff’s counsel asked witness Orem this question: “Which of the two points would be the most important point for re-icing.that car and give reasons ?” In the fourth bill of exceptions the same witness was asked: “If the car had been re-iced at Wilkesbarre, Pa., and from your knowledge and experience in shipping goods of this ■ character., would it have carried all right?” In the fifth bill'…

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Appeal from the Baltimore City Court (Wright, J.) In the third bill of exceptions plaintiff’s counsel asked witness Orem this question: “Which of the two points would be the most important point for re-icing.that car and give reasons ?” In the fourth bill of exceptions the same witness was asked: “If the car had been re-iced at Wilkesbarre, Pa., and from your knowledge and experience in shipping goods of this ■ character., would it have carried all right?” In the fifth bill' of exceptions plaintiff’s witness Clogg was asked this question: “From your knowledge of fruit, if the ice tanks of the…

1Opinion of the CourtBriscoe, J.

This is a suit brought by The Orem Fruit and Produce Company of Baltimore City, a corporation, organized under the laws of Maryland, against the Northern Central Railway Company and the Pennsylvania Railroad Company, to recover damages for an alleged breach of contract in failing to safely carry in a refrigerator car four hundred and seventy-nine crates of tomatoes from Baltimore City to Montreal, Canada.

The declaration in substance states that on the igth of July, 1904, the defendants were common carriers of goods for hire from Baltimore City to divers places in the United States and Canada;…

2Cases cited9 opinions

  1. Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
  2. Jones v. JonesCourt of Appeals of Maryland · 1876
  3. United States v. Denver & Rio Grande RailroadSupreme Court of the United States · 1903
  4. Boyd v. McCannCourt of Appeals of Maryland · 1856
  5. Calvert Bank v. J. Katz & Co.Court of Appeals of Maryland · 1905

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3Cited by6 opinions

  1. Home Credit Co. v. FouchCourt of Appeals of Maryland · 1928
  2. Dolby v. LaramoreCourt of Appeals of Maryland · 1913
  3. Peninsula Produce Exchange v. American Railway Express Co.Court of Appeals of Maryland · 1925
  4. Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
  5. Pennsylvania Railroad v. Orem Fruit & Produce Co.Court of Appeals of Maryland · 1909

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