Wilson v. Steamboat Tuscarora
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. The action against the defendants was as common carriers to recover damages for injury sustained by plaintiffs to their goods, between New Orleans and Pittsburgh. The goods were shipped at New Orleans on board the steamboat Concordia, stipulating for reshipment on a good steamboat.
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Error to the District Court of Allegheny county. The action against the defendants was as common carriers to recover damages for injury sustained by plaintiffs to their goods, between New Orleans and Pittsburgh. The goods were shipped at New Orleans on board the steamboat Concordia, stipulating for reshipment on a good steamboat. The goods were damaged on board the Concordia between New Orleans and Louisville, by perils not within the exception contained in the bill of lading. At Louisville the Concordia reshipped the goods (sugar and molasses) on the “ Tuscarora” steamboat, the owners of…
1Opinion of the Court
The opinion of the Court was delivered by
Black, J. —
This was an issue of fact. A jury was called to try it, and each party produced whatever evidence he had to sustain the issue on' his part. But the jury, to whom this evidence on both sides was given, were discharged by the Court without giving a verdict, or even hinting an opinion on any part of it, except the amount of the plaintiffs’ loss. The Court reserved the question, whether the plaintiff, on all the evidence, was entitled to recover, and afterwards gave judgment for the defendant non obstante veredicto.
It is not possible for us to…
2Cited by6 opinions
- Fisher v. ScharadinSupreme Court of Pennsylvania · 1898
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
- Shelly v. DampmanSuperior Court of Pennsylvania · 1896
- Koons v. McNameeSuperior Court of Pennsylvania · 1898
- Allwein v. BrownSuperior Court of Pennsylvania · 1905
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