Laughlin Bros.' v. Philadelphia & Reading Railway Co.

Citations

• 225 Pa. 540
• 74 A. 418
• 1909 Pa. LEXIS 696

Syllabus

<p>Railroads — Carriers—Common carriers — Delivery—Negligence—Perishable goods — Custom.</p> <p>Where a railroad company permits consignees of produce to sell the produce to retailers from cars in a yard known as a market yard, but, under a long-established custom, known to all parties, does not permit any one consignee to have more than three cars at a time in the market yard, and other cars of the consignees are kept in another yard until a car-is emptied and released in the market yard, a consignee cannot recover damages for a loss resulting from a deterioration of produce in the cars in the storage yard, where the railroad company is in no way negligent, and the delay in delivering cars to the market yard is due to the inability or the neglect of the consignee to empty and release cars in time to prevent the deterioration.</p>