Great Atlantic & Pacific Tea Co. v. Atchison, Topeka & Santa Fe Railway Co.

CAMPBELL, Chief Judge.

This cause, a claim for damages by plaintiff, The Great Atlantic and Pacific Tea Company, Inc., against defendant, The Atchison, Topeka and Santa Fe Railway Company alleging unreasonable and unexcused delay in a shipment, having come on for trial upon a stipulation of facts, is presently before me upon the briefs of the parties.

The facts are as follows: Plaintiff Great Atlantic & Pacific Tea Company (hereinafter referred to as “A & P”) is a New Jersey corporation engaged solely in the retail grocery business operating retail stores in which it sells fresh foods,…