O'Conner v. Forster
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. This was an action on the case, by J. and E. Forster against O’Conner and others, to recover damages against the defendants, as common carriers, for refusing to transport from Pittsburgh to Philadelphia, a quantity of wheat according to contract. The verdict and judgment in the court below were in favour of the plaintiffs, and the defendants excepted to the charge of the court, and brought this writ of error.
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ERROR to the district court of Allegheny county. This was an action on the case, by J. and E. Forster against O’Conner and others, to recover damages against the defendants, as common carriers, for refusing to transport from Pittsburgh to Philadelphia, a quantity of wheat according to contract. The verdict and judgment in the court below were in favour of the plaintiffs, and the defendants excepted to the charge of the court, and brought this writ of error. The defendants, trading under the firm of the Pittsburgh Transportation Line, contracted with the plaintiffs to transport from Pittsburgh…
1Opinion of the Court
The opinion of the court was delivered by
Servant, J.
The defendants were bound by their contract to transport the wheat from Pittsburgh to Philadelphia, and have shown no legal excuse for refusing to do so. The question is, what is the measure of damages to be paid by.a carrier for violating such a contract? The defendants contend, that the damages should be merely nominal, unless the plaintiffs show that they could no.t get the wheat carried by some, other person. But we think it is the duty of the defendants to do this if practicable, and not of the plaintiffs. Then as the defendants have…
2Cases cited1 opinion
- Bracket v. M'NairNew York Supreme Court · 1817
3Cited by13 opinions
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Cowley v. DavidsonSupreme Court of Minnesota · 1868
- The Oregon v. Pittsburgh & L. A. Iron Co.Court of Appeals for the Sixth Circuit · 1893
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
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