Short v. Delaware & Hudson Co.
Superior Court of Pennsylvania
Appeal, No. 33, March T., 1909, by defendant, from judgment of C. P. Lackawanna Co., March T., 1907, No. 839, on verdict for plaintiff in case of John H. Short v. The Delaware & Hudson Company. Assumpsit for loss resulting from the deterioration in value of perishable goods. Before Newcomb, J. The facts are stated in the opinion of the Superior Court: Verdict and judgment for plaintiff for $450.99. Defendant appealed.
Read the full summary
Appeal, No. 33, March T., 1909, by defendant, from judgment of C. P. Lackawanna Co., March T., 1907, No. 839, on verdict for plaintiff in case of John H. Short v. The Delaware & Hudson Company. Assumpsit for loss resulting from the deterioration in value of perishable goods. Before Newcomb, J. The facts are stated in the opinion of the Superior Court: Verdict and judgment for plaintiff for $450.99. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The assignments of error raise but a single question: Did the court err in submitting to the jury the question of the existence of a contract, alleged to have been made by the freight agent of the defendant at Scranton, which was binding upon the defendant? Three carloads of strawberries, two of which had been shipped from South Carolina and the other from North Carolina, arrived at Scranton over the railroad of the defendant company; all of the cars had been long delayed in course of transportation, and when they reached their destination in the freight yard of the…
2Cases cited8 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Adams Express Co. v. SchlessingerSupreme Court of Pennsylvania · 1874
- Bank of Pennsylvania v. ReedSupreme Court of Pennsylvania · 1841
- American Express Co. v. Second National BankSupreme Court of Pennsylvania · 1872
- Tanner v. Oil Creek RailroadSupreme Court of Pennsylvania · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jones v. Pennsylvania Coal & Coke Corp.Supreme Court of Pennsylvania · 1917
- Stewart v. New York Central & Hudson River RailroadSuperior Court of Pennsylvania · 1916