Shepard & Morse Lumber Co. v. Burroughs

The opinion of the court was delivered by

Dixon, J.

The plaintiff having sold twenty-seven carloads of lumber to Samuel B. Towner, shipped it between March 3d and March 8th, 1890, at Ottawa, by the Canada Atlantic Railroad Company, to H. F. Burroughs, 21 Beaver street^ New York, to whom Towner had sold it. On its arrival at *470Weehawken, via the West Shore railroad, seven carloads were delivered on board of lighters to Burroughs, but the other twenty cars were detained by a block on the railroad more than a mile from the place of transhipment. While so detained on March 29th, 1890, the plaintiff…