Pennsylvania Railroad v. Bulah Shaft Coal Co.
Superior Court of Pennsylvania
Appeal, No. 137, Oct. T., 1909, by plaintiff, from judgment of C. P. Clearfield Co., Sept. T., 1908, No. 239, on verdict for defendant in case of Pennsylvania Railroad Company v. Bulah Shaft Coal Company. Appeal from judgment of justice of the peace. Before Smith, J. The opinion of the Superior Court states the case. Errors assigned were various instructions.
1Opinion of the Court
Opinion by
Orlady, J.,
A railroad company has an unquestioned right as a common carrier to make reasonable rules in order to speed the unloading of its cars, as these are for transportation of freight and *188not for its storage, nor is there any duty on a common carrier to consult either its shippers or consignees as to the wisdom of its rates of freight for carrying, or of its rules for demurrage; as to the one, it cannot exceed a lawful rate, as to the other, it cannot exceed a reasonable charge. Within these bounds it is presumed properly to conduct its own business in the interest of its…
2Cases cited2 opinions
- Pennsylvania Railroad v. Midvale Steel Co.Supreme Court of Pennsylvania · 1902
- Baltimore & Ohio Railroad v. Gray's Ferry Abattoir Co.Superior Court of Pennsylvania · 1905