Eastern Wine Corp. v. New York Central Railroad Company

J. JOSEPH SMITH, Circuit Judge:

Defendant, New York Central Railroad Company, appeals from a judgment against it in favor of Eastern Wine Corp., consignee of a quantity of wine, for the value of the contents of one tank of two in a freight car, shipped full but found empty when it reached the consignee’s tracks. The judgment was entered after trial before Judge Cannella in the Southern District of New York, jury waived. We hold the result correct and affirm the judgment.

In rendering judgment in favor of Eastern Wine Corp. the judge found that although the Railroad had effected a delivery, it…