Chambers v. American Railway Express Co.

Opinion by

Porter, J.,

The plaintiff brought this action to recover of the defendant, a common carrier, damages for failure to transport twenty-seven bags of sugar from Stapleton, Staten Island, New York, to Newtown, Pennsylvania. The court below, upon the trial, entered a compulsory nonsuit, which it subsequently refused to take off, which action the plaintiff assigns for error.

It appeared in evidence that the plaintiff was the consignee and owner of a consignment of sugar which had arrived from Guatemala on the steamship Lake Flattery on May 24, 1920, which was in the possession of the United…