Pennsylvania Railroad v. Samuel
Superior Court of Pennsylvania
Appeal, No. 49, Oct. T., 1910, by defendants, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1905, No. 3,198, for defendant on case tried by the court without a jury in suit of Pennsylvania Railroad Company v. Frank Samuel and Silas M. Tomlinson, trading as Frank Samuel. Assumpsit for demurrage. The case was tried by the court without a jury. Error assigned was in entering judgment for plaintiff.
1Opinion of the Court
Ralston, J.,
filed the following opinion:
This case was tried without a jury. The facts were *249agreed upon, and the agreement of counsel is hereto annexed as the findings of fact by the trial judge.
The plaintiff is a railroad corporation. The defendants had contracted prior to June 19, 1905, to sell cinder to the Emporium Iron Company at Emporium, Pa., in pursuance of which cinder was shipped over the plaintiff’s railroad and delivered to the Emporium Iron Company at Emporium, Pa.
On June 19, 1905, the Emporium Iron Company notified the plaintiff not to receive any shipments of cinder consigned to…
2Cases cited15 opinions
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Houston, East & West Texas Railway Co. v. CampbellTexas Supreme Court · 1898
- Hoover v. Penna. R. R.Supreme Court of Pennsylvania · 1893
- National Line Steamship Co. v. SmartSupreme Court of Pennsylvania · 1884
- Miller ex rel. Second National Bank v. SeamanSupreme Court of Pennsylvania · 1896
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