Carr v. Delaware, Lackawanna & Western Railroad

The-opinion of the court was delivered by

MiNiuRisr, J.

Our previous determination in this case (49 Vroom 692) was predicated upon the refusal of the trial court to admit evidence as between shipper and carrier of a custom in the business, which refusal resulted in the direction of a verdict for the plaintiff. Upon the retrial that testimony, with other testimony, was admitted for the purpose of exculpating the defendant, and upon the issue of fact thus formulated the jury found for the plaintiff the amount' conceded by consent of the parties to represent the actual damage sustained.

The…