120 



The Florists' Review 



April 14, 1921 



NURSERY STOCK for Horists' Trade 



Fruit Trees, Orna;mental Trees, Shrubs, Small Fruits, Roses, Clematis, 



Phlox, Peonies, Herbaceous Perennials 



EXTRA riNE SELECTION OF 



Lombardy Poplars, American Elms, Norway Maples, 

 Deutzias, Forsythias, Spiraeas, Honeysuckles, 



Syringas, Viburnum Tomentosum, Ibota Privet, 



American Arbor Vitae, Norway Spruce. 



ROSES 



Frau Karl Druschki, Juliet, Ophelia, Gen'l Jacq., etc. 



Write for our wholesale trade list. 



75 YEARS 



W. & T. SMITH COMPANY. 



GENEVA. N. Y. 



1000 ACRES 



grounds: First, that the defendant neg- 

 ligently loaded the trees and shrubs 

 (wrapped, as they were, in straw and 

 burlap) upon open cars, instead of plac- 

 ing them in box cars; and secondly, that 

 the defendant negligently permitted 

 sparks to escape from one of its loco- 

 motive engines, whereby the fire in ques- 

 tion was started. The verdict of the 

 trial court was directed upon the ground 

 that by the contract expressed in the bill 

 of lading it was agreed that the com- 

 pany should not be liable for damage 

 caused by fire and that there was no 

 proof to show that the fire was in any 

 way due to the negligence of the de- 

 fendant. 



The bill of lading did contain an ex- 

 emption of liability for loss or damage 

 caused by fire, and it was conceded by 

 plaintiffs' counsel that for this reason it 

 was incumbent upon them to show negli- 

 gence on the part of the carrier, while, 

 on the other hand, it was conceded that 

 the clause in the bill of lading did not 

 relieve the carrier from liability for 

 negligence. 



Decision Beversed. 



Reversing the decision made by the 

 trial court in defendant's favor, the 

 Court of Errors and Appeals said: 



"There was evidence from which the 

 jury might infer that goods of the 

 character of those in question were 

 customarily shipped in ordinary box 

 cars; that proper care required this; 

 and that the plaintiffs did not author- 

 ize their goods to be shipped upon open 

 cars, nor know that it was to be done 

 until the goods arrived at destination. 



"It seems to us also that there was 

 sufficient evidence to go to the jury 



Seasonable Stock Ready to Ship 



Santolina Incana, good for edging 

 and carpet bedding, 2-in. pots, $3.00 

 per 100. 



Begonias. Prima Donna, Gracilis Lu- 

 minosa, and Erfordii Superba, 2-in. 

 pots. $5.00 per 100. 



Buddleia Magnifica (Summer Li- 

 lac), 2M-iu. p)ts. $6.00 per KHl; 

 •J-year. field-grown. $15.00 per 100. 



Cbrysanthemums, 2-in. pot plants, 

 PoUipons in 12 Viirieties and single 

 flowered in (1 varieties; $5.00 per 100. 



Fuchsias, 2^-in. Avalanche, Black 



Prince, Lord Byron. Mrs. E. G. Hill. 



Minnesota, Phenotnenal and Speciosa 



at $6.00 per 100. 

 Pelargonium Easter Greeting, 



fresh late propagated, 2-in. pot 



stock, $10.00 per 100. 

 JIardy Japan Lilies, 8 to 9-in., 



Auiatum, $16.00 per 100. Special 



Rubrum and Speciosum ^Ibum, 



$15.00 per 100. 

 Boston Ivy, Ampelopsis Veitchii, 



strong, tield-grown, $16.00 per 100. 



STORRS & HARRISON CO. 



PAINESVILLE, OHIO 



VIBURNUM PLICATUM 



Also Berberis Tbunbergii, Hydrangea 

 Paniculata, Weigela, Spiraeas, etc 



Ask for complete list of Oak Brand Shrubs 

 Th.C' 



^ONARD ft 

 JONES CO 



Robert Pyle, Pres. 



M 



imST GROVE. 

 W PENNA..U.S.A. 



Ant.Wintzer,V.-P. 



upon the question whether the spark- 

 arresting screen of the locomotive was 

 not in a defective condition, attributa- 

 ble to defendant's negligence. There 

 was evidence, on the other hand, tend- 

 ing to show that the screen had been 

 inspected on the day before the fire 



JULIUS ROEHRS CO. 



RUTHERFORD, N.J. 



ORCHIDS, PALMS 



and plants of every varietT. 



and found to be in good order, but, on 

 the other hand, there was evidence 

 tending to show that when such a 

 screen is in good order the sparks that 

 are permitted to pass through it, even 

 if they fall upon inflammable matter, 

 are not large enough to set it afire, 



