Quaker Worsted Mills Corp. v. Howard Trucking Corp.

Opinion by

Rhodes, J.,

Plaintiff, by an action in assumpsit, sought to recover from defendant, a common carrier by motor truck, the value of angora yarn which, it is alleged, defendant failed to deliver. The yarn in question was part of a shipment from plaintiff’s place of business in Philadelphia to the consignee in Brooklyn, N. Y. The trial judge, sitting without a jury, found for plaintiff. Defendant’s motions for judgment in its favor n. o. v. and for a new trial were dismissed. Judgment was entered for plaintiff on the finding, and defendant has appealed.

Error is assigned to the dismissal…