Pennsylvania Railroad v. Lord & Spencer, Inc.

This is an action of contract by a common carrier to recover the amount due for freight charges on a shipment of a carload of lettuce from California to Baltimore, Maryland, less the proceeds from the sale of the lettuce in Baltimore. It was agreed at the trial that the *180plaintiff was a common carrier of freight and being the final carrier was the proper party to bring this action, and there is no dispute as to the amount due to it. The only controversy was whether the defendant was a party liable. Material facts were admitted or shown by uncontradicted testimony for the defendant as follows:…