Porter v. Pennsylvania Railroad

Many of the questions here involved were discussed fully in the opinion of this court on the first appeal. (See Porter v. Pennsylvania Railroad Co., 217 App. Div. 49.) It is, therefore, unnecessary to deal with them again at length.

As the case now stands, there was, under the contract of shipment, no obligation on the defendant to render accessory services, which might have been secured by payment of a higher rate. There was, therefore, no liability on the part of defendant for damages resulting from the lack of. such services. The cars were held by defendant as a carrier down to the…