Tamarin v. Pennsylvania Co.
Superior Court of Pennsylvania
Appeal, No. 105, Oct. T., 1912, by defendant, from order of C. P. No. 2, Phila. Co., Sept. Term, 1910, No. 4,058, refusing judgment for defendant n. o. v. in case of Morris Tamarin v. Pennsylvania Company. Assumpsit for goods injured by a carrier in course of transportation. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $287.37. The court refused judgment for defendant non obstante veredicto.
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Appeal, No. 105, Oct. T., 1912, by defendant, from order of C. P. No. 2, Phila. Co., Sept. Term, 1910, No. 4,058, refusing judgment for defendant n. o. v. in case of Morris Tamarin v. Pennsylvania Company. Assumpsit for goods injured by a carrier in course of transportation. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $287.37. The court refused judgment for defendant non obstante veredicto. Error assigned was in refusing judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Head, J.,
A clear statement of the material facts established in this case will aid in making plain the precise question with which we have to deal. The plaintiff, a traveling salesman, bought from the defendant company a ticket entitling him to transportation from Wellsville, Ohio, over the line and branch line of the defendant, to New Castle, Penna. At the same time he tendered to the baggage agent of the defendant, for transportation between the same points, two trunks and a telescope. The agent made no request for any information as to the nature or value of the contents of the…
2Cases cited6 opinions
- Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
- Brown v. Camden & Atlantic RailroadSupreme Court of Pennsylvania · 1877
- Bullard v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1902
- Camden & Amboy Railroad v. BaldaufSupreme Court of Pennsylvania · 1851
- Jacobs v. Central RailroadSuperior Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commonwealth v. Krolak (Et Al.)Superior Court of Pennsylvania · 1948