Waring v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 158, Oct. T., 1895, by plaintiffs, from judgment of C. P. No. 1, Allegheny County, December Term, 1879, No. 710, of nonsuit. Action of trespass on the case to recover damages for alleged unjust discrimination in freight rates in transportation of petroleum oil, claiming damages of $1,500,000. Before Stowe, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 158, Oct. T., 1895, by plaintiffs, from judgment of C. P. No. 1, Allegheny County, December Term, 1879, No. 710, of nonsuit. Action of trespass on the case to recover damages for alleged unjust discrimination in freight rates in transportation of petroleum oil, claiming damages of $1,500,000. Before Stowe, P. J. The facts appear by the opinion of the Supreme Court. R. S. Waring, one of the plaintiffs, filed affidavit setting forth: that the suit in this case was brought at his instance, and he was and is the principal party in interest, and that shortly after bringing this suit he…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In this case the writ of summons was issued on November 29, 1879, and service accepted December 1, 1879. No other step was taken until on October 4, 1894, when the plaintiffs filed a statement and affidavit of claim. Thereupon the defendant obtained a rule to show cause why the statement and affidavit should not be stricken off, and a judgment of non pros entered, on account of the laches of the plaintiffs in proceeding with *175their ease. No narr or statement of claim was ever filed until October, 1894, almost fifteen years after the writ was issued. The cause of…
2Cases cited3 opinions
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