Pennsylvania Railroad v. Penn-Del Supply Co.

Kurtz, J.,

— Plaintiff, the carrier, has sued defendant, consignee, for the balance of the established tariffs it claims to be due, growing out of the shipment of a carload of oats from a point in the Province of Manitoba, Canada, to Toughkenamon, in this county. The pleadings consist of a complaint and an answer thereto with new matter. Plaintiff has moved for judgment on the pleadings. In our consideration of that motion we must accept as true, even though denied, all averments of fact made by the opposing party which are material and relevant; but inferences and conclusions which are drawn…