Tanner v. Oil Creek Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JSrie county. This was an action of assumpsit, in which the writ was issued December 2d 1864, by A. F. Tanner against The Oil Creek Railroad Company. The plaintiff declared for the loss of six bales, containing 1230 pounds of hops, delivered by him to the defendants to be carried from Corry to Shaffer.
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Error to the Court of Common Pleas of JSrie county. This was an action of assumpsit, in which the writ was issued December 2d 1864, by A. F. Tanner against The Oil Creek Railroad Company. The plaintiff declared for the loss of six bales, containing 1230 pounds of hops, delivered by him to the defendants to be carried from Corry to Shaffer. The proof showed the delivery of the goods to the defendant at their depot at Corry, to be delivered at Shaffer, another station on their road, 36 miles distant. The evidence of the plaintiff was that the railroad agent agreed to ship them the next day or…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The evidence in this case is not contained in a bill of exceptions, nor is it certified from the judge’s notes, but each party prints in his paper-book so much of it as he thinks proper. Such a practice is entirely irregular, and gives unnecessary trouble |o the court in ascertaining what is the testimony, and whether it is the whole or only a part — and may probably prove injurious to either the plaintiff or- defendant.
This non-compliance with our rules should be carefully avoided by counsel, whose clients as well as the court have a right to…
2Cited by7 opinions
- Faiola v. CalderoneSupreme Court of Pennsylvania · 1923
- Beal & Simons v. Adams Express Co.Superior Court of Pennsylvania · 1900
- Vanderslice v. Insurance Co.Superior Court of Pennsylvania · 1900
- New York Central & Hudson River Railroad v. Deer Creek Lumber Co.Superior Court of Pennsylvania · 1912
- Short v. Delaware & Hudson Co.Superior Court of Pennsylvania · 1909
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