Pennsylvania Railroad v. Mandell

Flood, J.,

The Pennsylvania Railroad Company has sued defendant Mandell in as-sumpsit for the sum of $2,600 (reduced at trial to $2,184) because of the appropriation by Mandell of a shipment of tomatoes allegedly delivered to him by the railroad company, under the erroneous belief on its part that Mandell was authorized by the consignee to take possession of them. Mandell brought the consignee, Wagner, upon the record as an additional defendant, claiming that Wagner was liable to the railroad company or liable over to Mandell because the shipment was delivered to Mandell pursuant to authority…