Lipman Refrigerator Co. v. Baltimore & Ohio Warehouse Co.

By the Court.

This action was originally brought in the municipal court of Cincinnati, where judgment was rendered for the defendant, the Balti more & Ohio Warehouse Company. On error to the court of common pleas, that judgment was affirmed. Error proceedings were then instituted in this court to reverse the judgment of the court of common pleas.

The action was to recover the value of a certain machine, which had been shipped C. O. D by the plaintiff company, via the Baltimore & Ohio Railroad Company, to the Smith Engineering Company of Cincinnati, Ohio. The shipment was not accepted, nor paid…