Pennsylvania Railroad v. L. N. White & Co.

Plaintiff’s case established that defendant accepted the shipments from plaintiff, the carrier, picked up the goods and exercised dominion over them on presentation of the bills of lading and that a balance of unpaid freight charges on the two cars in question was later ascertained by the carrier to be due and unpaid. Defendant admitted that storage charges *588were due in the sum of $36.96 and the Municipal Court gave judgment for plaintiff in that amount hut dismissed the balance of the complaint for the freight charges “ without prejudice.” The Appellate Term affirmed, one Justice dissenting,…