Pennsylvania Railroad v. DeMarto

Opinion by

Henderson, J.,

This case comes up on an appeal from the refusal of the court to enter judgment for the plaintiff for want of a sufficient affidavit of defense. The action was for a balance due for the transportation of a car load of grapes shipped by the Southern Michigan Fruit Association to Pittsburgh, Pa., which shipment was reconsigned to Philadelphia and there diverted to Reading, Pa., consigned to “West Indies Importing Company. Mr. Joe DeMarto, Reading.” It is set forth in the statement of claim that the grapes were ordered by the said West Indies Company to be delivered to…