Hershey v. Pittsburgh & West Virginia Railway Co.

Opinion by

Mr. Justice Jones,

The plaintiff sued in assumpsit to recover from the defendant the value of approximately twenty tons of peanuts which the plaintiff had stored in bags in the defendant company’s warehouse in Pittsburgh. On March 21, 1946, while the bailment endured, there was a fire of considerable magnitude in the warehouse. Thereafter, the plaintiff made demand for delivery of tbe peanuts, but tbe defendant failed to deliver them. Upon trial of the case, tbe jury returned a verdict for tbe plaintiff in an amount representing tbe full value of tbe peanuts and some interest. Tbe…