Dwinnell v. Duluth, South Shore & Atlantic Railway Co.

Plaintiffs, as trustees of the Northwestern Leather Company, brought suit against the Duluth, South Shore & Atlantic Railway Company, defendant, to recover the value of certain leather alleged by plaintiffs to have been shipped to the Northwestern Leather Company at Boston from Sault Ste. Marie, Michigan. The leather was loaded by plaintiffs at their tannery in Sault Ste. Marie and receipted for by the defendant’s local agent. The bill of lading contained the language “Shipper’s load and count.”

Section 21 of the bill of lading act of August 29, 1916 (39 U. S. Stat. p. 541), provides, among…