Tuttle Corp. v. Pennsylvania Railroad

Headnote

Conversion — carriers — trial —• action to recover for alleged conversion of coal delivered to railroad for transportation — dismissal of complaint on it appearing that coal had been diverted in accordance with rules of association of which plaintiff was member but similar quantity and quality of coal delivered to it — right of plaintiff to ghow value of coal in proof of damage.

Tuttle Corp. v. Pennsylvania R. R. Co., 215 App. Div. 767 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial

department, entered January 5, 1926, unanimously affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at a Trial Term. The action was to recover for the alleged conversion of twenty-eight carloads of coal, delivered by plaintiff to defendant for transportation from Scully Scales, Penn., to Philadelphia. The complaint was dismissed because it appeared that plaintiff was a member of a tidewater coal exchange and in accordance with its rules the coal shipped had been diverted and delivered to another member while a similar quantity and quality of coal was delivered to and received by plaintiff at the time and place for delivery. Plaintiff contended that the dismissal of the complaint was erroneous because thereby he was denied a right, which he had reserved, to show the value of the coal in proof of damage.

Judgment affirmed, with costs;