Brooks v. Pennsylvania R. Co

Plaintiff appeals from a summary judgment which dismissed his complaint in an action against the Pennsylvania Railroad Company for alleged misdelivery of household goods transported under a straight bill of lading in which plaintiff was named as both consignor and consignee. Defendant moved for summary judgment on the grounds that (1) the uncontradicted evidence showed that proper delivery had been made; and that (2) the action was barred by res judicata. The lower court held that there was no genuine dispute of fact and granted defendant’s motion on the first ground. The documentary evidence…