Shatz v. American Railway Express Co.

Opinion by

Keller, J.,

This was an action by a shipper of goods, against an express company for the value of an interstate shipment which the carrier failed to deliver to the consignee.

It was tried by a judge of the municipal court without a jury, who found for the plaintiff in the sum of $121.65.

The court in banc subsequently entered judgment for the defendant notwithstanding the verdict, or finding of the judge, on the ground that the action had not been brought witbin two years and one day after a reasonable time for delivery bad elapsed.

Unfortunately for tbe defendant no evidence was…