American Cotton Products Co. v. New York Central Railroad

This cause is submitted a second time to this court on an agreed statement of facts. On the first submission judgment.was rendered in favor of the plaintiff. On appeal counsel for the parties stipulated to submit, in addition to the record, a circular issued by the New York Central Railroad Company entitled “ Rules and Charges Governing the Diversion or Reconsignment of Carload Freight, etc.” The judgment was reversed and a new trial ordered on the ground that the trial court did not have this circular before it at the time of its decision.

The parties have stipulated additional facts and…