Falmouth Co-Operative Marketing Ass'n v. Pennsylvania Railroad

Plaintiff is a co-operative marketing association, composed of 300 members. It does business at Falmouth, where it has three large warehouses. Falmouth is situate on one of defendant’s branch lines, and has only one railway. In the fall of 1922 plaintiff could not get cars, as agreed, to move to market the potatoes it had purchased, and brought this suit to recover its damage. The jury awarded plaintiff $15,379.59.

Falmouth and vicinity appears to be engaged largely in potato raising, and for several years plaintiff has purchased and shipped large quantities to market over defendant’s line. In…