Carter v. Atlantic Coast Line R. Co.

(dissenting) :

The plaintiff-respondent is a partnership composed of J. H. Carter and W. Frank Sims, engaged in the business of buying, selling, and shipping, to points north and east, perishable vegetables.

Defendant-appellant is a railroad engaged in the transportation for hire of freights and passengers.

The plaintiff brought this action against the defendant to recover losses which it alleged it sustained by reason of the failure of defendant to transport in time to reach the market at Boston certain green beans.

The complaint alleges that plaintiff, on May 30, 1935, purchased of B. A.…