Pennsylvania Rd. Co. v. Oberlander

The only question for consideration was raised and presented by the motion of the railroad company for a directed verdict in its favor and adverse to the claim of the consignee for damages caused by delay in the shipment of freight. The plaintiff abandoned its claim for charges entirely. Of course it could not dismiss the action over the objection of the defendant, and in fact made no attempt to do so, but it was not precluded from abandoning its own case, and, by appropriate pleading, challenging the claim made by the cross-petition of the defendant. This it did by its averments that the…