Shippers Service Co. v. Norfolk & Western Railway Co.

DECISION

McMILLEN, District Judge.

Plaintiff has sued the defendant railroad for failure to deliver goods with reasonable dispatch. Because of the railroad’s alleged negligence in failing to make delivery in time for the opening of the market in the Detroit Union Produce Terminal, plaintiff’s assignors did not sell their goods until some time later. It sues for losses allegedly caused by an intervening decline in the sale price of *1227the goods on 105 occasions. On the ba,sis of the evidence, stipulations, and the law, the court finds for the defendant.

There is no claim that defendant agreed to…