Fairchild v. Philadelphia, Wilmington & Baltimore R. R.
Supreme Court of Pennsylvania
Appeal, No. 3, Jan. T., 1892, by plaintiff, Benjamin L. Fairchild, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1890, No. 968, on verdict for plaintiff. Trespass for damages for injury to plaintiff’s property while in transit on defendant’s road. At the trial before Arnold, J., the evidence was to the following effect: Plaintiff purchased a mare in Washington, D. C., for $400, and ordered that she be shipped to him at Harsimus, N. J., by railroad.
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Appeal, No. 3, Jan. T., 1892, by plaintiff, Benjamin L. Fairchild, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1890, No. 968, on verdict for plaintiff. Trespass for damages for injury to plaintiff’s property while in transit on defendant’s road. At the trial before Arnold, J., the evidence was to the following effect: Plaintiff purchased a mare in Washington, D. C., for $400, and ordered that she be shipped to him at Harsimus, N. J., by railroad. The mare was accordingly taken to the freight station of the Baltimore & Potomac R. R. Co., loaded on a freight car and consigned to the…
1Opinion of the Court
Per Curiam,
We do not think the court below erred in limiting the damages for the loss of the mare to the amount at which it was valued in the bill of lading. The mare was shipped at Washington over the Baltimore & Potomac R. R., and consigned to the plaintiff at Harsimus, New Jersey. It was claimed that when the train reached Baltimore, and had passed into the control and custody of the defendant company, it was suddenly stopped and then immediately started, with such violence as to throw the mare off her feet with such force that her back was *531broken. The jury have found the fact of…
2Cases cited3 opinions
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Pennsylvania Railroad v. MillerSupreme Court of Pennsylvania · 1878
3Cited by6 opinions
- Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Popkin v. Eastern Air Lines, Inc.District Court, E.D. Pennsylvania · 1962
- Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937
- Taylor v. Adams Express Co.Superior Court of Pennsylvania · 1913
- Zahloot v. Adams Express Co.Superior Court of Pennsylvania · 1912
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