International Coal Products Corp. v. Fargo

Finch, J.:

The plaintiff and defendant entered into a contract for the transportation by the latter of a carload of the plaintiff’s product by express, it being the understanding of the parties that the shipment was being sent by express to insure rapid delivery. The defendant did not then own any cars, but depended for them entirely upon the railroads, which fact was not known to the plaintiff. Plaintiff paid to the defendant the regular express charges amounting to $634.55. The shipment went forward in an Erie railroad car under the control of the defendant, but the car broke down and was…