Legal Opinion

Slattery v. Carroll

Superior Court of Pennsylvania

Decided January 3, 1919No. Appeal, No. 120PublishedCited by 2 opinions

Appeal, No. 120, Oct. T., 1918, by defendant, from judgment of Municipal Ct., Philadelphia Co., Dec. T., 1917, No. 522, on verdict for plaintiff in case of Thomas Slattery,- trading as Slattery Brothers, v. Jane Carroll. Assumpsit for a car of coal sold and delivered. Before Knowles, J. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $133.71. Defendant appealed.

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Appeal, No. 120, Oct. T., 1918, by defendant, from judgment of Municipal Ct., Philadelphia Co., Dec. T., 1917, No. 522, on verdict for plaintiff in case of Thomas Slattery,- trading as Slattery Brothers, v. Jane Carroll. Assumpsit for a car of coal sold and delivered. Before Knowles, J. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $133.71. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Kephart, J.,

The appellant purchased from the appellee a carload of anthracite egg coal. At the trial she endeavored to show that the coal received would not burn and could not be used as coal. She admitted it was received on the car at Darby and she engaged a man to haul the coal to her residence. The court below held that her right of inspection began when the coal arrived on the siding and that she must exercise this right before she attempted to remove the coal to her home. If it was so removed and it afterwards turned out the coal was not merchantable coal, or, in fact, not coal…

2Cases cited2 opinions

  1. Luella Coal & Coke Co. v. GanoSuperior Court of Pennsylvania · 1915
  2. Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918

3Cited by2 opinions

  1. Crunden Martin Mfg. Co. v. TurnerSupreme Court of Pennsylvania · 1922
  2. Baltimore & Ohio Railroad v. FeldbaumSuperior Court of Pennsylvania · 1954

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