Natl. Roofing Co. v. Erie Railroad

Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented upon the ground: 1. That under all the facts and circumstances there was a question of fact as to whether at the time the goods arrived and were tendered by the railroad company and taken by the plaintiff it was the owner and holder of the bill of lading and had title to the property. 2. That if any amendment to the complaint was necessary the trial court had ample power to allow the same.