Legal Opinion

Davenport v. Pennsylvania Railroad

Superior Court of Pennsylvania

Decided March 23, 1899PublishedCited by 7 opinions

Appeal, No. 151, Oct. T., 1898, by plaintiff, from judgment of C.. P. No. 1, Phila. Co., June T., 1896, No. 1886, on verdict for defendant. Opinion by W. D. Porter, J. Assumpsit.

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Appeal, No. 151, Oct. T., 1898, by plaintiff, from judgment of C.. P. No. 1, Phila. Co., June T., 1896, No. 1886, on verdict for defendant. Opinion by W. D. Porter, J. Assumpsit. Before Beitler, J. It appears from tbe record and evidence that this is a suit to * recover $338.76 for loss upon a lot of pineapples and cabbages shipped by plaintiff from Philadelphia to Altoona on June 11, 1892,- over the Pennsylvania Railroad, with interest from June 14,1892. There was evidence tending to show that the fruit and cabbage were sound when shipped but that when they reached Altoona and were ready for…

1Opinion of the Court

Opinion by

W. D. Pobteb, J.,

The plaintiff shipped a lot of pineapples and ten barrels of cabbage over the line of the defendant company from Philadelphia to Altoona. The goods were shipped in the afternoon of Saturday, June 11, 1892, and arrived at their destination on Monday morning following, when the consignees refused to receive them because of their decaying condition. The shipping receipt contained a clause exempting the carrier from liability for loss or damage by causes beyond its reasonable control, “ or by any of the causes incident to transportation such as chafing, heating,…

2Cases cited9 opinions

  1. Laing v. ColderSupreme Court of Pennsylvania · 1848
  2. Beckman v. ShouseSupreme Court of Pennsylvania · 1835
  3. Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
  4. Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
  5. Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Needy v. Western Maryland RailroadSuperior Court of Pennsylvania · 1903
  2. Blackburn v. Adams Express Co.Superior Court of Pennsylvania · 1910
  3. Villari v. JamesSuperior Court of Pennsylvania · 1944
  4. Hall v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1915
  5. Jacobs v. Central RailroadSuperior Court of Pennsylvania · 1902

2 more not listed; retrieve them via the Exa API.

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