Meltzer v. Baltimore & O. R.

KIRKPATRICK, District Judge.

This is a suit to recover damages for injuries to 127 carloads of watermelons delivered by the defendant railroad company to the plaintiff, the consignee, at Philadelphia.

In the case of Meltzer v. Pennsylvania Railroad Company, 29 F.Supp. 840, 842, 841 (herein referred to as the first Meltzer case, involving a number of shipments which had nothing to do with those in this case), this court ruled that it was proper to accept the plaintiff’s evidence of prices obtained by him, as prima facie evidence of his “full actual loss.” The con*392signee’s full actual loss…