Legal Opinion

Geyer v. United States Express Co.

Superior Court of Pennsylvania

Decided July 18, 1912No. 1; Appeal, No. 198PublishedCited by 2 opinions

Appeal, No. 198, Oct. T., 1911, by defendant, from judgment of C. P. Montgomery Co., June T., 1910, No. 133, on verdict for plaintiff in case of Horace M. Geyer v. United States Express Company. Trespass to recover the value of a horse. Before Weand, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $100. Defendant appealed.

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Appeal, No. 198, Oct. T., 1911, by defendant, from judgment of C. P. Montgomery Co., June T., 1910, No. 133, on verdict for plaintiff in case of Horace M. Geyer v. United States Express Company. Trespass to recover the value of a horse. Before Weand, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $100. Defendant appealed. Error assigned by plaintiff was in directing the jury to render a verdict for plaintiff for $100 only. Error assigned by defendant was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Henderson, J.,

Each of the parties took an appeal from the judgment of the court below and these appeals were heard together in this court. We will, therefore, consider the respective contentions of the parties and dispose of them in one opinion. The plaintiff entered into a contract with the defendant for the transportation by the latter of a carload of horses from Athens, Ohio, to Hatfield, Pa. The contract was what is known as a “Limited Liability Live Stock Contract” which contained a tariff of charges proportioned to the value of the animals to be transported as declared by the…

2Cases cited10 opinions

  1. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  2. Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
  3. Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
  4. Greenwald v. . BarrettNew York Court of Appeals · 1910
  5. First National Bank v. GrahamSupreme Court of Pennsylvania · 1875

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3Cited by2 opinions

  1. Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937
  2. Taylor v. Adams Express Co.Superior Court of Pennsylvania · 1913

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