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SHAPIRO v. PENNSYLVANIA R. CO.

No. 6563.

83 F.2d 581 (1936)

SHAPIRO v. PENNSYLVANIA R. CO.

United States Court of Appeals for the District of Columbia.

Decided March 23, 1936.

Attorney(s) appearing for the Case

Jacob C. Levy and Henry J. Balzer, both of Washington, D. C., for appellant.

R. A. Bogley, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, GRONER, and STEPHENS, Associate Justices.

GRONER, Associate Justice.

Appellant, Shapiro, sued the Pennsylvania Railroad Company, as delivering carrier, to recover damages for failure to safely refrigerate and transport a carload of peas and cauliflower from Auburn, Washington state, to Washington, D. C. At the close of all the evidence the trial court directed a verdict for the railroad.

Appellant is a produce commission merchant in Washington City. At the time in question his custom was to purchase...

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