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PENNSYLVANIA R. R. CO. v. WHITE & CO.

280 A.D. 587 (1952)

Pennsylvania Railroad Company, Appellant, v. L. N. White & Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 1952.

Attorney(s) appearing for the Case

Joseph P. Allen of counsel (F. Sherwood Alexander with him on the brief; Conboy, Hewitt, O'Brien & Boardman, attorneys), for appellant.

Seymour Stone of counsel (Philip Novick with him on the brief; Seymour Stone, attorney), for respondent.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and BREITEL, JJ., concur.

Per Curiam.

Plaintiff's case established that defendant accepted the shipments from plaintiff, the carrier, picked up the goods and exercised dominion over them on presentation of the bills of lading and that a balance of unpaid freight charges on the two cars in question was later ascertained by the carrier to be due and unpaid. Defendant admitted that storage charges were due in the sum of $36.96 and the Municipal...

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