Appeal, No. 253, March T., 1953, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1949, No. 3244, in case of Evergreen Broom Manufacturing Company v. Pennsylvania Railroad Company. Judgment affirmed. Assumpsit. Before SOFFEL, J. Verdict for defendant; plaintiff's motion for new trial refused and judgment entered for defendant. Plaintiff appealed.
Bresci R. P. Leonard, with him Van der Voort, Royston, Robb & Leonard, for appellant.
John R. Bredin, with him Dalzell, Pringle, Bredin & Martin, for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.
The judgment is affirmed on the following excerpts from the Opinion of Judge Sara M. SOFFEL:
"Evergreen Broom Manufacturing Company, plaintiff, brought suit in assumpsit against Pennsylvania Railroad Company, defendant, to recover damages in the sum of $3500.00 for a carload of broom corn alleged to have been received in a defective condition. The car was loaded at Walsh, Colorado, on February 23, 1948, and unloaded in Pittsburgh, Pennsylvania, on March 1, 1948, where the broom corn was found to be wet, moldy and deteriorated.
"The jury returned a verdict in favor of the defendant....
"The facts of the instant case may be briefly summarized as follows:
" In January, 1948, plaintiff purchased from a Mr. Peck in Colorado some seventy-three bales of broom corn. This broom corn was shipped from Walsh, Colorado, on the morning of February 24, 1948. It had been loaded the day before in a box car belonging to the Southern Pacific Railroad, carried on the Atchison, Topeka and Santa Fe Railway Company to Chicago, Illinois, and from Chicago, Illinois, to Pittsburgh, Pennsylvania, by the Pennsylvania Railroad
Company. At the North Side freight yards of the Pennsylvania Railroad Company in Pittsburgh the contents of the car were delivered to the plaintiff in a damaged condition. Plaintiff brings this suit to recover damages.
"The plaintiff alleged that the broom corn became wet and deteriorated in transit by reason of a leaky, defective railroad car which had traveled through rain across the plains. The defendant contended that the broom corn had been permitted to lie out in open weather for a period of weeks ...