Morris v. Payne
Superior Court of Pennsylvania
Appeal, No. 95, Oct. T., 1921, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., March T., 1920, No. 4761, refusing to take off non-suit in the case of Sydney S. Morris, Cameron Macleod and Rudolph Baeuerle, copartners, trading as Baeuerle and Morris, v. John Barton Payne, Director General of Railroads, Agent. Trespass to recover damages caused by the breaking of a casting while being loaded by a common carrier.
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Appeal, No. 95, Oct. T., 1921, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., March T., 1920, No. 4761, refusing to take off non-suit in the case of Sydney S. Morris, Cameron Macleod and Rudolph Baeuerle, copartners, trading as Baeuerle and Morris, v. John Barton Payne, Director General of Railroads, Agent. Trespass to recover damages caused by the breaking of a casting while being loaded by a common carrier. Before Barratt, P. J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to strike off. Plaintiff…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The plaintiffs are manufacturers of copper, brass and cast iron work, and constructed for a customer a specially designed machine to be used for boiling sugar cane syrup, consisting of heavy iron castings, weighing from 1 % to 2 tons, and on April 11, 1919, in delivering these castings to the railroad company for transportation, employed a teamster to haul the sections to the regular loading place for such freight. The wagon was drawn as close as possible to an electric crane which was erected by the railroad company on its ground, and furnished service to shippers in…
2Cases cited2 opinions
- McColligan v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Beaumont v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1909
3Cited by2 opinions
- Rosen v. DiesingerSupreme Court of Pennsylvania · 1931
- Smith v. Verna, Pennsylvania Court of Common Pleas, Philadelphia County1963