Breisch v. Leitzel
Superior Court of Pennsylvania
Appeal, No. 274, Oct. T., 1901, by-defendant, from judgment of C. P. Schuylkill Go., July T., 1900, No. 323, on verdict for plaintiff in case of R. R. Breisch to use of Philadelphia & Reading Railway Company v. George F. Leitzel. Appeal from judgment of justice of the peace.
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Appeal, No. 274, Oct. T., 1901, by-defendant, from judgment of C. P. Schuylkill Go., July T., 1900, No. 323, on verdict for plaintiff in case of R. R. Breisch to use of Philadelphia & Reading Railway Company v. George F. Leitzel. Appeal from judgment of justice of the peace. Before Marr, J. Defendant presented these points: 1. That the iron consigned to Mesker & Company was the property of Mesker & Company when they were delivered by the agent of the Philadelphia & Reading Railway Company at Ringtown, Pennsylvania, to the driver of George F. Leitzel, and hence the right of action, if any, is…
1Opinion of the Court
Opinion by
William W. Porter, J.,
One Breisch bought some 2,450 pounds of red corrugated iron from Mesker & Company. Leitzel bought some 310 pounds of smooth black iron from Merchant & Company. Both lots arrived at the Ringtown station on the Philadelphia & Reading Railroad. Leitzel saw both lots (as proved by the plaintiffs and denied by him), and sent his driver to the station to remove the iron to a point where he was building a house. The driver took both lots. The carpenters, with Leitzel’s knowledge, used a part of the corrugated iron and none of the smooth black iron. Breisch, who had…