Cunningham v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 158, April T., 1912, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 416, on verdict for plaintiff in case of R. H. Cunningham v. Pennsylvania Railroad Company. Assumpsit for the value of a car of cement. Before Carnahan, J. The facts are stated in the opinion of the Superior Court, and in the report of the case in 40 Pa. Superior Ct. 212. Verdict and judgment for plaintiff for $275. Defendant appealed.
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Appeal, No. 158, April T., 1912, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 416, on verdict for plaintiff in case of R. H. Cunningham v. Pennsylvania Railroad Company. Assumpsit for the value of a car of cement. Before Carnahan, J. The facts are stated in the opinion of the Superior Court, and in the report of the case in 40 Pa. Superior Ct. 212. Verdict and judgment for plaintiff for $275. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Orlad y, J.,
The facts of this case, are recited at length at 40 Pa. Superior Ct. 212. The judgment recovered on that trial was reversed solely for the reason that in the charge of the court to the jury, a greater degree of care was exacted of the defendant than is required by the decisions of our courts, and on the trial in the present case that objection was entirely relieved in a charge that was exceptionally fair and clear. The controversy centered around one fact that was zealously urged by the plaintiff and denied by the defendant, and this was submitted to the jury as follows:…
2Cases cited1 opinion
- Cunningham v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
3Cited by1 opinion
- Grover-Ferguson Co. v. A/S Ivarans RederiDistrict Court, E.D. Pennsylvania · 1959