THOMAS FOODS, INC. v. PENNA. RD. CO.

No. 8606.

112 Ohio App. 76 (1960)

THOMAS FOODS, INC., APPELLEE, v. THE PENNSYLVANIA RAILROAD COMPANY, APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided March 28, 1960.


Attorney(s) appearing for the Case

Mr. Alton E. Purcell, for appellee.

Messrs. Taft, Stettinius & Hollister and Mr. John W. Hudson, for appellant.


O'CONNELL, J.

On April 14, 1954, California Frozen Foods, Inc., shipped from California to the plaintiff, appellee herein, car No. PFE 200670, partially loaded with frozen spinach. The car was routed through Arlington, Washington, to complete loading with frozen peas. The car then moved to Norwood, Ohio, where it was delivered to the plaintiff, which claimed that some of the frozen food was thawed. The plaintiff then filed a claim with the carrier, which claim was...

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