Delaware, Lackawanna & Western Railroad v. Andrews Bros.

Opinion by

Linn, J.,

Judgment was entered for want of a sufficient affidavit of defense for freight and other transportation charges due in interstate commerce. Defendant, a corporation, has appealed. The amounts charged are not disputed here. Only two complaints are made: liability is denied on the ground that defendant was a commission merchant dealing with the shipment as agent for the owner with notice to the Pennsylvania Railroad Company of that fact; appellant also charges insufficiency of the statement of claim.

A car of melons was shipped by Peppers Fruit Company from San Bias, Mexico,…