New York, New Haven, & Hartford Railroad v. York & Whitney Co.

This is an action to recover a balance of freight charges which through the carrier’s mistake had not been claimed or collected at the time of the delivery of the goods. The case was submitted to a judge of the Superior Court* on an agreed statement of facts with power to draw proper inferences. The material points are that sweet potatoes were shipped by one Culver from Delmar in the State of Delaware to the defendant, a dealer and commission merchant in large business at Boston. The extent of the defendant’s business was not fully known to the plaintiff. The goods were shipped to the…