Keller v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 233, Jan. T., 1899, by plaintiff, from judgment of Superior Court, Oct. T., 1897, No. 215, reversing judgment of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 639, on verdict for plaintiff in case of John J. Keller v. Baltimore & Ohio Railroad Company. Appeal from Superior Court. See 174 Pa. 65, and 10 Pa. Superior Ct. 240. The facts appear by the opinion of the Supreme Court. Error assigned was in reversing judgment of the court of common pleas.
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Appeal, No. 233, Jan. T., 1899, by plaintiff, from judgment of Superior Court, Oct. T., 1897, No. 215, reversing judgment of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 639, on verdict for plaintiff in case of John J. Keller v. Baltimore & Ohio Railroad Company. Appeal from Superior Court. See 174 Pa. 65, and 10 Pa. Superior Ct. 240. The facts appear by the opinion of the Supreme Court. Error assigned was in reversing judgment of the court of common pleas. When a common carrier receives goods, the question whether the carrier contracts to carry the goods to their destination, or only to…
1Opinion of the Court
Opinion by
Me. Justice Mestrezat,
By the plaintiff’s statement it appears that this action was brought to recover “ $2,000 for damages for the breach of a contract entered into between the plaintiff and the defendant for the nondelivery of a carload of horses at Frankford in the city of Philadelphia.”. The agreement for the transportation of the horses was in writing and signed by the agents of the parties. The contract was made at Belpre, Ohio, at which point the defendant company received the stock. It names J. J. Keller, the plaintiff, as consignee and Frankford, Philadelphia, as the…
Also in this document: Dissent.
2Cases cited2 opinions
- Camden & Amboy Railroad v. Forsyth, Bros. & Co.Supreme Court of Pennsylvania · 1869
- Keller v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1896
3Cited by5 opinions
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Rhymer v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1905
- Armour v. United States Express Co.Superior Court of Pennsylvania · 1913
- Fern v. Adams Express Co.Superior Court of Pennsylvania · 1912
- Smith v. Illinois Central RailroadSuperior Court of Pennsylvania · 1907