Musconetcong Iron Works v. Delaware, Lackawanna & Western Railroad

The opinion of the court was delivered by

Voorhees, J.

This is a writ of error running to the Supreme Court to remove a judgment entered in favor of the defendant. The case was tried by the court without a jury upon an agreed state of facts. The declaration sets out that the defendant was a common carrier and that the plaintiff, on the 14th day of February, 1907, at the Hoboken terminal of the defendant, caused to be delivered to the defendant as such carrier five cars of iron ore containing two hundred and sixty thousand two hundred pounds, to be carried by defendant to Netcong and delivered…