vj.-'wi' .Tjv'l.y,-'-; 



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70 



The Florists^ Review 



JWLT 29, 1015. 



lished by the evidence that the ship- 

 ments were delivered to the connect- 

 ing carrier within a reasonable time." 



Special Circumstances Alter Case. 



On the question of damages, the 

 court said: 



"This brings us to the question of 

 the liability of the Oklahoma Central 

 Railway Co. as connecting carrier. 

 The evidence shows that the delay oc- 

 curred on that road, and that it was 

 unnecessary and unreasonable; but the 

 question of the right of the plaintiff 

 to recover damages for the class and 

 kind of injury alleged is a more diflS- 

 cult proposition. It will be borne in 

 mind that plaintiff's only cause of ac- 

 tion is for the recovery *of damage 

 for expenses of men in locating trees 

 and delivering the same after the de- 

 lay occasioned by the negligence of 

 the company. ' No damage was 

 claimed for injury to the trees, noth- 

 ing for depreciation in intrinsic value, 

 and nothing for depreciation in the 

 market value thereof. No special time 

 was agreed upon for the delivery of 

 the shipments. The bill of particu- 

 lars does not charge, and the bills of 

 lading and shipping contract do not 

 show, and there is no evidence tend- 

 ing to prove, that either of the de- 

 fendants knew, or had any notice of 

 the purpose for which the trees were 

 being snipped, or that plaintiff was 

 expecting or intending to deliver the 

 trees to his customers December 17, 

 or at any other time, or that he had 

 employed anyone to be at the places 

 of destination for any purpose. 

 *• * * Under such circumstances, 

 would the plaintiff be entitled to re- 

 cover, and, if so, what would be the 

 measure of damages!" 



The Oklahoma court then proceeds 

 to a holding that plaintiff could not 

 recover the special damages relied 

 upon, for the reason that the railway 

 company was not informed at the 

 time the shipments were made that 

 such damages would result from any 

 delay in delivery. The court applies 

 the general rule that only such dam- 

 ages may be recovered as were con- 

 templated or might reasonably be 

 supposed to have entered into the con- 

 templation of the parties to the con- 

 tract of carriage. If the owner of 

 the goods would charge the carrier with 

 any special damages, he must have 

 communicated to the carrier all the 

 facts and circumstances of the case 

 which do not ordinarily attend the 

 carriage or the peculiar character and 

 value of the property carried, for 

 otherwise such peculiar circumstances 

 cannot be contemplated by the carrier. 



S. 



HEADQUARTERS 



CALIFORNIA PRIVET 



in any quantity and any size desired. 

 My Privet has more branches than that 

 usually sent out and I grade it better. 



Carloads a specialty. Also 



Amoor River Privet 



Berberis Thunberg^i 



Well grown and in large supply. 



J. T. LOVETT, 



Ninmratk Nineir, Little Silver, N. J. 



Mention Tte Berlew wben yon write. 



BEGONIAS 



1 



GLOIRE DE CHATELAINE and PFITZER'S TRIUMPH (White) 



2-inch, $3.00 per 100, $25.00 per 1000 

 3-inch, 4.00 per 100, 35.00 per 1000 



GERANIUMS 



We have a fine lot of good, youog, thrifty plants in 3-inch pots, just in con- 

 dition for growing on for Fall and Winter blooming. Standard varieties, such 

 as S. A. Nutt, Alphonse Ricard, Beaute Poitevine, Berthe de Presilly, La Fa- 

 Torite, Mme. Recamier, John Doyle, Marquise de Castellane, etc., $3.00 per 100, 

 $26.00 per 1000. 



We are booking orders for next season delivery, of 2-inch stock, at $18.50 

 per 1000. 



POMPON CHRYSANTHEMUMS 



In a good assortment of large-flowering or Aster type, small-flowering, sin- 

 gle and anemone, suitable for cut flower or pot culture. 2-inch pots, at $2.00 

 per 100, $18.50 per 1000. 



SWAINSONA GALEGIFOLIA, ALBA and ROSEA 



3-inch, 60c per doz., $3.00 per 100. "> 'i 



CASH WITH ORDER 



R. VINCENT, JR., & SONS CO. 



White Mar«h, MaryUnd 



Mention The Review when you write. 



CELERY PLANTS IN FLATS 



ALSO POTTED AND LOOSE CILBIIY PLANTS 



Flats of STOwing celery plants to sell in front of your store; almrays fresh, never ^irtlted. 

 Varieties: Golden Self-Blanching, French Seed, Giant Pascal and White Plume. 



Potted Strawberry Plants. Fresh crop of my own growing of Witloof Chicory Seed. 



Everbearing Strawberry Plants in pots. 



WARREN SHINN, - - WOODBURY, N. J. 



Mention The Review when you write. 



SURPLUS 



Re-Rooted Vegetable Plants 



All varieties of re-rooted Celery and Cabbage 

 plants at 70c per 1000 to close out. 



See list under Vegetable Plants. 



F. W. KOCHEUE & SONS, Cheiter, N. J. 



AlwayB mcatton flie Florlate* BctImi 

 wlMn wzltlnc advertlaeirs. 



Bobbink & Atkins 



RDTHERTOH), NEW JERSEY 



Always inentlon the Floriete* Review 

 when wrlttac wlT«rtle«{(^ 



