EMERY & CO. v. AMERICAN REFRIGERATOR CO.

No. 739.

246 U.S. 634 (1918)

E.H. EMERY & COMPANY v. AMERICAN REFRIGERATOR TRANSIT COMPANY.

Supreme Court of United States.

Decided April 29, 1918.


Attorney(s) appearing for the Case

Mr. Chester W. Whitmore for appellant.

Mr. Fred W. Lehmann, Jr., for appellee, submitted.


MR. JUSTICE HOLMES delivered the opinion of the court.

The plaintiff, the appellant, brought a suit in a state court against the Chicago, Burlington and Quincy Railroad Company and the appellee. The original petition sought to charge both, as common carriers, under the Interstate Commerce Act, for damage to peaches caused by their being improperly stowed, handled and iced, amounting to less than $3,000. After a trial a judgment...

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