Wallen Co. v. Delaware, Lackawanna & Western Railroad

This action was brought by the plaintiff, a shipper of freight, against the defendant, a common carrier, to recover damages alleged to have been sustained because of a breach of contract. The alleged breach of contract was as follows: First, failure of the defendant to carry by the route prescribed by.the contract, and, second, the failure of defendant to carry and offer delivery to consignee within a reasonable time. The parties duly waived the right of *254trial by jury, and the action was tried before the court without a jury. Upon the trial the defendant admitted that it failed to carry by…