Lehigh Val. K. Co. v. Snyder

• Decision Date: 29 January 1894
• Citation: 28 A. 376,56 N.J.L. 326
• Parties: LEHIGH VAL. K. CO. v. SNYDER.
• Court: New Jersey Supreme Court

28 A. 376

56 N.J.L. 326

LEHIGH VAL. K. CO.

v. SNYDER.

Court of Errors and Appeals of New Jersey.

Jan. 29, 1894.

(Syllabus by the Court.)

Error to supreme court.

Action by Milton Snyder against the Lehigh Valley Railroad Company to recover for breach of contract. There was judgment for plaintiff, and defendant brings error. Reversed.

The other facts fully appear in the following statement by MAGIE, J.:

Snyder, the defendant in error, brought this action in the Warren common pleas against the Lehigh Valley Railroad Company, (lessees of the Morris Canal,) the plaintiff in error, to recover (1) freight earned in carrying coal on the canal under the employment of plaintiff in error, and (2) damages for unlawful discharge from such employment. It appears by the bills of exceptions that Snyder's contract of employment with the railroad company was in writing, and as follows: "Office Morris Canal, (Lehigh Valley Railroad Company, Lessees.) Phillipsburg, N. J., April 2, 1891. Milton Snyder, of Phillipsburg, N. J., is hereby employed to run boat No. 468 (or such other boat as the proper officers of said company may assign to him in lieu of said boat No. 463) for the Lehigh Valley Railroad Company, lessees of the Morris canal, during the boating season of 1891, ending December 15, 1891, under and subject to the Rules and Regulations of the Morris Canal, edition of March 1st, 1891, a copy of which is hereby delivered to him. James E. Moon, Agent. Milton Snyder. Witness: D. S. Sweeney." A copy of the rules and regulations mentioned therein were delivered to Snyder on the execution of the contract Among the rules and regulations were the following: "(6) The captain will be held strictly accountable for the safe delivery of his cargo, full weight to whatever destination he may be ordered by the superintendent or agents; it being understood that the destination may be changed while the cargo is on its way; and, should the cargo' fall short in weight, the company reserves the right to retain from the captain's freight or any other moneys due, or which may become due, to the captain, an amount sufficient to cover the value of said shortage." "(8) The boatmen will be required to furnish and attend the guy line while unloading at destination, or pay whatever may be the charge for so doing, and must be present personally, and attend to moving and fastening their boats while unloading, and also when their cargoes are weighed out to ascertain where and how weighed, and to see that the proper weights are marked on their receipt, or a statement given them of their weights. As soon as discharged, captains must have their receipt properly filled out and signed by the consignee, and personally present it for settlement." "(48) The superintendent of the company may at any time make such reasonable regulations as he may deem advisable, which must be obeyed the same as the general regulations." "Refusal to obey the orders of the superintendent or his agents, and drunkenness or abusive conduct, shall be cause (at the option of the superintendent) for the discharge of any captain." It further appeared that the following notice: "Morris Canal Office. L. V. R. R. Co. May 20, 1891. Phillipsburg, N. J. Notice to Captains: From this date, article 6 of the general regulations, relating to cargoes falling short in weight, will be enforced, unless captains can bring positive proof that it was incorrectly weighed out and that they witnessed the weighing of the entire cargo, keeping a tally of the same, which must be produced when settling their freight. By order of William I. Powers, Supt (A;)"—was posted on the bulletin in the collector's office, where such orders were customarily posted for the inspection of captains and boatmen, and that Snyder, who had then been some time in his employment was in the office after the notice was posted. Upon objection, the offer of the notice was overruled, and exception taken. Other exceptions were taken to the charge and refusals to charge. The judgment of the common pleas was in favor of Snyder. Having been removed to the supreme court, the judgment was there affirmed, and this writ of error was taken.

Robert H. McCarter, for plaintiff in error.

B. C. Frost, for defendant in error.

MAGIE, J., (after stating the facts.) it appears from the bills of exception that the principal contest on the trial of this cause was upon the question whether Snyder was rightfully discharged from his employment by the railroad company. It further appears that, from the evidence admitted by the court below, it was open to the railroad company to contend, and it did contend, that it had loaded on Snyder's boat a cargo of coal consigned to the Lehigh Valley Coal Company, weighing 72 tons, 2 cwt; that cargoes thus consigned were not weighed on delivery, which fact Snyder knew; that during the transit of this cargo the consignment was changed, pursuant to the rules and regulations of the railroad company, and the substituted consignee was one Lehman; that, upon delivery to Lehman, the cargo was weighed, and contained but 68 tons; that Snyder did not attend to or observe...