Hall v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 155, Oct. T., 1914, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1912, No. 856, on verdict for plaintiff in case of Higdon P. Hall v. The Pennsylvania Railroad Company. Assumpsit to recover for the loss of two horses. Before Kinsey, J. The facts are stated in the opinion of the Superior Court. . '• Verdict and judgment for plaintiff for $252.25. Defendant appealed.
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Appeal, No. 155, Oct. T., 1914, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1912, No. 856, on verdict for plaintiff in case of Higdon P. Hall v. The Pennsylvania Railroad Company. Assumpsit to recover for the loss of two horses. Before Kinsey, J. The facts are stated in the opinion of the Superior Court. . '• Verdict and judgment for plaintiff for $252.25. Defendant appealed. Errors assigned' were in refusing to give binding in-. structions for defendant, and various rulings, on evidence. There was no case for the jury: Davenport v. Penna. R. R., 10 Pa. Superior Ct.…
1Opinion of the Court
Opinion by
Head, J.,
It is not contended the plaintiff has presented a case which requires or permits the application of the doctrine usually described in the expression “res ipsa loquitur.” It is plain the undertaking of the defendant to transport the horses of the plaintiff did not make it ah insurer! The plaintiff himself, in his statement, declares the horses were delivered to and accepted by the railroad company under the terms of a special limited liability contract. Giving due effect to these considerations, it becomes manifest the plaintiff’s right to recover must depend on his'ability…
2Cases cited8 opinions
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
- A. B. & J. Schaeffer v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
- Douglass v. Mitchell'sSupreme Court of Pennsylvania · 1860
- McAleer v. McMurraySupreme Court of Pennsylvania · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mankin v. ParrySuperior Court of Pennsylvania · 1919
- Carroll v. Willow Brook Co.Superior Court of Pennsylvania · 1933
- Whitecavage v. Philadelphia & Reading Coal & Iron Co.Superior Court of Pennsylvania · 1934
- Commonwealth v. Galazin, Pennsylvania Court of Common Pleas, Dauphin County1962
- Maiorano v. American Railway Express Co.Superior Court of Pennsylvania · 1925
1 more not listed; retrieve them via the Exa API.