Kurtz v. Pennsylvania Railroad

Griffith, J.,

forty-seventh judicial district, specially presiding, May 12, 1944.-This is an action by a shipper against a common carrier seeking to recover damages which arose by the destruction of goods by an unforeseen flood.

By stipulation, the parties agreed upon the facts and asked the court to determine whether, as a matter of law, in view of the agreed facts, defendant is liable to *680plaintiff. A brief statement of the facts agreed upon follows:

Plaintiff, a manufacturer of school supplies, entered into a contract to furnish and deliver certain school supplies to the School District of…