Keller v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 215, Oct. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 639, on verdict for plaintiff. Opinion by W. W. Porter, J. Rice, P. J., and Smith, J., dissent. Assumpsit. Before Audehreid, J. It appears from tbe record that the action was originally brought in trespass and was subsequently changed by agreement of counsel to assumpsit.
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Appeal, No. 215, Oct. T., 1897, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 639, on verdict for plaintiff. Opinion by W. W. Porter, J. Rice, P. J., and Smith, J., dissent. Assumpsit. Before Audehreid, J. It appears from tbe record that the action was originally brought in trespass and was subsequently changed by agreement of counsel to assumpsit. The plaintiff averred that by his agent, James W. Kerr, he made a contract in writing with the defendant whereby the defendant agreed to carry to and deliver at Frankford in the city of Philadelphia a car containing…
1Opinion of the Court
Oplniok by
William W. Porter, J.,
This case has been twice tried. On the first trial, the only question of fact left to the jury was “ whether there had been fault on the part of the defendant company in the manner of transportation or unnecessary delay, which resulted in injury to the plaintiff’s horses.” The case went to the Supreme Court, and is reported in 174 Pa. 62. It was there held that the question submitted was but one of those raised, and that the question of the defendant’s responsibility, beyond the terminus of its line, should have been passed upon. Mr. Justice Fell, in delivering…
2Cases cited17 opinions
- Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
- Hoffman v. Bloomsburg & Sullivan R. R.Supreme Court of Pennsylvania · 1893
- Baltimore & Philadelphia Steamboat Co. v. BrownSupreme Court of Pennsylvania · 1867
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3Cited by5 opinions
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Plunkett v. RoehmSuperior Court of Pennsylvania · 1899
- Nettleton v. CarylSuperior Court of Pennsylvania · 1902
- Lenz v. SpencerSuperior Court of Pennsylvania · 1905
- Smith v. Illinois Central RailroadSuperior Court of Pennsylvania · 1907