Mull v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 175, Oct. T., 1908, by plaintiff, from order of C. P. Clearfield Co., May T., 1907, No. 313, entering judgment for defendant non obstante veredicto in case of R. H. Mull v. Pennsylvania Railroad Company. Assumpsit for value of a shipment of coal. Before A. O. Smith, P. J. The opinion of the Superior Court states the facts. Verdict for plaintiff for $176.04. The court subsequently made an order entering judgment for defendant non obstante veredicto.
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Appeal, No. 175, Oct. T., 1908, by plaintiff, from order of C. P. Clearfield Co., May T., 1907, No. 313, entering judgment for defendant non obstante veredicto in case of R. H. Mull v. Pennsylvania Railroad Company. Assumpsit for value of a shipment of coal. Before A. O. Smith, P. J. The opinion of the Superior Court states the facts. Verdict for plaintiff for $176.04. The court subsequently made an order entering judgment for defendant non obstante veredicto. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff sold five car loads of coal, consisting of 150 gross tons at $1.10 per ton, to the Delaware Hardwood Lumber Company, of Trenton, N. J., and consigned the coal by way of the Pennsylvania Railroad Company, from his mine at Philipsburg, Pa., freight charges to follow to the lumber company at Trenton, on September 18 and 19, 1906. After sending bills and trying to locate the Delaware Hardwood Lumber Company by correspondence, the plaintiff, three months later, made inquiry of the defendant, as to what disposition had been made of the coal *419and was informed…
2Cases cited8 opinions
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Zell v. DunkleSupreme Court of Pennsylvania · 1893
- Rickey v. TutelmanSuperior Court of Pennsylvania · 1902
- Bacharach & Co. v. Chester Freight Line, Pennsylvania Court of Common Pleas, Delaware County1890
- Klein v. PattersonSuperior Court of Pennsylvania · 1906
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- Baltimore & Ohio Railroad v. SamuelSuperior Court of Pennsylvania · 1911
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- Caps v. American Railway Express, Pennsylvania Court of Common Pleas, Philadelphia County1922