Pennsylvania R. v. Newmyer

HOOD, Associate Judge.

This was a suit against a railroad carrier1 for loss caused by delay in delivery *457of a carload of lettuce. Trial was by judge and the decision was in favor of plaintiff. Defendant carrier appeals, contending that the evidence did not support the finding of negligence and that the proof of damage was insufficient.

From a stipulation of facts, from various documents revealing in detail the movements of the freight car involved, and from testimony at the trial, the trial court could have found the facts to he as follows: The car was shipped from El Centro, California, on…