Pennsylvania R. Co. v. Miller

HOLMES, Circuit Judge.

This is a suit to collect unpaid freight charges arising from shipments of onions consigned over appellant’s railways. The question for decision is the right of the consignor, more than two years and one day after his loss claims had been denied by the carrier, to assert by way of recoupment damage to the shipments caused by the negligence of the carrier. The case was tried to a jury, which returned a verdict in favor of the carrier in the amount of the unpaid freight charges, and found for the shipper in an equal amount as damages. This appeal is from the judgment…