Pennsylvania Railroad v. Rothstein

Opinion by

Cunningham, J.,

This is a suit by the plaintiff railtoad to recover for unpaid freight charges on a carload of lettuce. The appeal is from the action of the court below holding the affidavit of defense insufficient as a matter of law.

The lettuce was shipped by Western Vegetable Distributors from Arizona on April 5, 1930, consigned to its own order. On April 6th it was ordered diverted to the defendants, in Philadelphia. The following day defendants wrote plaintiff that they were agents only with respect to this carload, and that the beneficial owner was Western Vegetable…