Legal Opinion

Augustine v. Baltimore & Ohio Railroad

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 104PublishedCited by 1 opinion

Appeal, No. 104, April T., 1913, by plaintiff, from order of C. P. Somerset Co., Dec. T., 1910, No. 86, refusing to take off nonsuit in case of Robert Augustine v. Baltimore & Ohio Railroad Company. Trespass to recover damages for injuries to live stock. Before Rtjppel, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.

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Appeal, No. 104, April T., 1913, by plaintiff, from order of C. P. Somerset Co., Dec. T., 1910, No. 86, refusing to take off nonsuit in case of Robert Augustine v. Baltimore & Ohio Railroad Company. Trespass to recover damages for injuries to live stock. Before Rtjppel, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit. The clear and unmistakable distinction, deducible from the authorities, existing in actions of trespass against a common carrier undoubtedly is that where an action is brought charging the common carrier with…

1Opinion of the Court

Opinion by

Orlady, J.,

On August 24, 1909, the plaintiff delivered to the defendant carrier at Confluence, Pennsylvania, two horses and twenty-two colts, and consigned them to *128himself at Hagerstown, Maryland. The car was supplied at the plaintiff’s request for the shipment of live stock and was of the style and make — slatted and ventilated — thirty-six feet in length — then in' use by the defendant. It was in a safe and sound condition and was loaded from the stockyard or pen provided for that purpose. After the shipment had been placed in the car, it was closed with the appliances attached —…

2Cases cited8 opinions

  1. Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
  2. Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
  3. American Express Co. v. SandsSupreme Court of Pennsylvania · 1867
  4. A. B. & J. Schaeffer v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
  5. Needy v. Western Maryland RailroadSuperior Court of Pennsylvania · 1903

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3Cited by1 opinion

  1. Villari v. JamesSuperior Court of Pennsylvania · 1944

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