L. Blustein & Co. v. American Railway Express Co.

MilleR, Judge :

This is an action in assumpsit for damages alleged to have accrued to plaintiff by reason of defendant’s failure to carry and transport within a reasonable length of time, from Charleston, West Virginia, to New York City, one barrel of ginseng, of the value of $1,265.00. From a judgment for $521.06 in favor of plaintiff, defendant prosecutes this appeal.

The first point of error assigned is that the trial court should have sustained defendant’s demurrer to the declaration, on the theory that the legal presumption! is that upon delivery of goods to a carrier the title thereto…