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OLIVIT BROTHERS, A CORPORATION, PLAINTIFF AND RESPONDENT, v. THE PENNSYLVANIA RAILROAD COMPANY, DEFENDANT AND APPELLANT

New Jersey Court of Errors and Appeals1916-01-28
88 N.J.L. 377

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Opinion

majority opinion

Per Curiam.

The decision of this ease (known as the eleven count case) is controlled by that in Olivit Brothers v. Pennsylvania Railroad Co., No. 69 of this present term, otherwise known as the thirteen count case. As in that case (No. 69) there may be a recovery for some of the shipments. The judgment below will be reversed and a venire de novo awarded.

For affirmance—Bergen, White, JJ. 2.

For reversal—The Chibe Justice, Garrison, Swayze, TrisnoiiarivParker, Minturn, Katusoít, Black, Vredenburgh, Teriicne, Heppenii ether, Williams, Taylor, JJ. 13.