
    No. 649
    FRUIT DISPATCH CO. v. PAYNE
    Ohio Appeals, 2nd District, Franklin County
    No. 1035.
    Decided June 14, 1923
    This opinion has not been published except in Abstract.
    107. CONTRACTS.
    Where goods are shipped under written contract ÉÍ shipment, the public schedule of trains (311) is ot a guarantee of delivery within the time prescribed in the schedule.
    (Note: Opinion fails to state terms of contract or alleged negligence of R. R. other than given above.)
    Attorneys — Watson, Davis, Joseph & McLeskey, for Dispatch Co.; Booth, Keating, Pomerene & Boul-ger, for Payne.
   BY THE COURT:

Epitomized Opinion

Dispatch Co. sued R. R. for negligence in transporting bananas which were shipped under a written contract. Dispatch Co. relied upon the public schedule of trains as a guarantee of delivery within the time prescribed in the schedule. Judgment was rendered for defendant in Franklin Common Pleas. In affirming the judgment the Court of Appeals held:

1. There was evidence tending to prove that bananas were improperly loaded under excessive and high temperature and that there was negligence on the part of Dispatch Co.’s agent which contributed to the injury to the bananas.

2. Taking the written contract of shipment as a whole the public schedule of the trains was not a guarantee of itself of delivery within the time prescribed in the schedule.  