Kinsey Distilling Corp. v. Pennsylvania Railroad

Opinion by

Arnold, J.,

Plaintiff filed a complaint in assumpsit to recover damages for the defendant’s breach of a bill of lading contract in failing to deliver 30 cases of whiskey (part of a larger consignment) to a consignee in Appleton, Wisconsin. The parties filed appropriate pleadings. The court below rejected defendant’s motion for judgment on the pleadings and the defendant appealed.

The basis of defendant’s motion for judgment was that the plaintiff admittedly had not complied with the contract set forth in the bill of lading issued by the defendant to the plaintiff, which reads in part:…