Bergner v. Chicago & Alton Railroad

This is an action against a common carrier for failing to deliver goods. At the conclusion of all the evidence the court gave a declaration of law that there could be no recovery.

*5001. The action is brought by the consignor, and it is first objected that it should have been brought by the consignee. This question does not arise upon the record ; but if it did, it would be unavailing, for it sufficiently appears that the plaintiffs are the owners of the goods, the consignee having refused to take them because they were not delivered to him in season for the market, and the contract of sale between…