United States v. Northern Pac. Ry. Co.

DONOVAN, District Judge. •

This action was brought to recover damages for the destruction of freight in transit and in interstate commerce. The facts were stipulated by the parties.

Defendant concedes the loss of the freight while in its.possession and prior to delivery to the consignee at destination, and admits liability.

Summarized, the facts disclose that on or about January 12, 1950, plaintiff’s Commodity Corporation delivered to defendant at East Grand Forks, Minnesota, four hundred fifty, one hundred pound sacks of fresh Irish potatoes, U. S. No. 2 grade, loaded in railroad car NRC 6502.…