294 F. 982 | N.D. Ga. | 1924
Pomona Products Company brought suit in tort in a state court against the Southern Railway Company for damages arising from unreasonable delay in delivery of seven cars of empty tin cans. The cars were shipped over the Norfolk & Western Railroad from Roanoke, Va., and delivered at Griffin, Ga., by the Southern Railway Company. The damages alleged arise from the spoiling of many tons of pimento peppers, which were to have been put in the cans at Griffin, loss of profits in the canning operations, and expense in procuring elsewhere such cans as could be gotten. The case having been removed to this court, a general demurrer, going mainly
Amendments were offered averring notice of the special need for the cans and the liability to special damages on delay, given to the soliciting agents of both carriers before shipment, to the local station agent of the delivering carrier before shipment and during transit, and to the general freight agent and division superintendent of both carriers after some of the cars were in transit and before others started. Special demurrers were made to these and other portions of the pleadings.
In accordance with these views, the general demurrer is overruled. The special demurrers to allegations of notice to the agents of the Norfolk & Western Railroad Company, the initial carrier, are sustained. The demurrer to paragraph 8 (h) of the amendment is sustained, because the allegations are too- vague. The demurrer to paragraph 14 as amended is sustained, because the loss of profits alleged is too remote, and not within the notice alleged. Paragraphs 17 and 18 are stricken as irrelevant. The remaining special demurrers are overruled; the allegations demurred to being apparently relevant to some, at least,, of the shipments.
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