Martin v. E. A. McCabe & Co.

SHANNON, Judge.

Appellant-defendant has appealed from a final judgment against him entered by the court below in a law action, wherein he was sued for damages resulting from the freezing of a certain quantity of celery. It appears from the record that the plaintiff delivered to the defendant 336 crates of celery in good condition for delivery to the vessel “American Importer” in New York harbor. The celery was transported by the defendant and connecting lines to New York harbor, and when it was delivered, the consignee refused to accept the celery because of freeze damage. In its complaint…