Puritan Coal Mining Co. v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 99, Jan. T., 1912, by defendant, from judgment of C. P. Clearfield Co., May T., 1908, No. 221, for plaintiff on case tried by tbe court without a jury in suit of Puritan Coal Mining Co. v. Pennsylvania Railroad Company. Trespass to recover damages for unlawful discrimination in tbe distribution of coal cars.
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Appeal, No. 99, Jan. T., 1912, by defendant, from judgment of C. P. Clearfield Co., May T., 1908, No. 221, for plaintiff on case tried by tbe court without a jury in suit of Puritan Coal Mining Co. v. Pennsylvania Railroad Company. Trespass to recover damages for unlawful discrimination in tbe distribution of coal cars. Tbe case was tried by Smith, P. J., without a jury, under tbe Act of April 22,1874, P. L. 109. On April 13, 1911, more than six years after the period covered by the action, the plaintiff moved to amend its statement so as to charge that it had been prevented from shipping…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was an action brought by the Puritan Coal Mining Company against the Pennsylvania Railroad Company, to recover damages for alleged undue and unlawful discrimination against the plaintiff in the matter of the distribution of cars for shipment of coal during a period beginning 1 April, 1902, and ending 31 December, 1904. By agreement between the parties a trial by jury was waived, and the case was heard by the court, resulting in' a judgment for the plaintiff in the sum of $74,323.88. In discussing the points put in issue by this appeal as indicated by the…
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