Joseph Hoover & Sons Co. v. Corbin & Bodine, Inc.

Dissenting Opinion by

Keller, J.:. I am constrained to dissent from the opinion of the majority of the court, because, in my judgment, it would be establishing a dangerous precedent in practice.

Plaintiff’s action was to recover the damages it had sustained by defendant’s failure to deliver goods entrusted to it for carriage. While in form, ex contractu, it was essentially ex delicto in character. The gist of the action was the negligence of defendant.

When the Practice Act of 1887 was in force it was decided in Corry v. Pa. R. R. Co., 194 Pa. 516, that such an action did not require the filing…