Harry H. Winer v. United States

I am of the opinion that the goods in question were not stolen from railroad cars which were parts of interstate shipments of freight, in that at the time of the thefts the cars had arrived at their destination and had been delivered to and accepted by the consignee. O’Kelley v. United States, 8 Cir., 116 F.2d 966.

In this case the physical transportation as called for by the bills of lading had been completely performed. The consignee had notice of arrival and had the cars placed on its storage tracks. The delay in unloading the cars was for the convenience of the consignee. It is a well…