Jackson & Perkins Co. v. Mushroom Transportation Co.

Opinion by

Mr. Justice Linn,

Plaintiff appeals from judgment for defendants 1 in this suit for damages resulting from the freezing of plants shipped in interstate commerce and described by the shipper as “highly perishable.” Jury trial was waived. The case was thoroughly considered by Judge Milner; judgment was entered on his findings after they were approved by the court in banc; they have the effect of a verdict of a jury: Athens Nat. Bank v. Ridgebury Twp., 303 Pa. 479, 483, 154 A. 791.

Plaintiff, January 5, 19.42, shipped by motor truck thirty-two boxes, each 44 inches long, 20 inches high…