Aronson v. Cleveland & Pittsburg Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 98, to October and November Term 1871. This was an action of assumpsit by A. Aronson against The Cleveland and Pittsburg Railroad Company, brought to March Term 1869. The plaintiff declared that the defendants were common carriers for hire by railroad and cars from Waynesburg, Ohio, to Alliance, in the same state, and at the request of the defendants, the plaintiff delivered to them, as such carrier, three boxes of…
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Error to the Court of Common Pleas of Allegheny county: No. 98, to October and November Term 1871. This was an action of assumpsit by A. Aronson against The Cleveland and Pittsburg Railroad Company, brought to March Term 1869. The plaintiff declared that the defendants were common carriers for hire by railroad and cars from Waynesburg, Ohio, to Alliance, in the same state, and at the request of the defendants, the plaintiff delivered to them, as such carrier, three boxes of goods of the value of $1500, to be carried from Waynesburg to Alliance, there to be safely delivered by them to the…
1Opinion of the Court
The opinion of the court was delivered, November 23d 1871, by
Thompson, C. J.
When the error alleged is in arresting judgment we cannot look into the testimony for aid in pronouncing upon the action of the court. The question is upon the sufficiency of the plaintiff’s narr. If that be sound, the plaintiff is in general entitled to judgment on his verdict: Wilson v. Gray, 8 Watts 25.
In the narr. in this ease we see no substantial defect. It does not show that the action should have been against the company *70as warehousemen. The engagement of the company set forth hy plaintiff is as carriers. We…
2Cases cited1 opinion
- Wilson v. GraySupreme Court of Pennsylvania · 1839
3Cited by5 opinions
- Commonwealth v. HanleySuperior Court of Pennsylvania · 1900
- Commonwealth v. WalkerSuperior Court of Pennsylvania · 1907
- Schubkagel v. DiersteinSupreme Court of Pennsylvania · 1890
- Moser v. Philadelphia, Harrisburg & Pittsburg RailroadSupreme Court of Pennsylvania · 1912
- Commonwealth v. PflaumSuperior Court of Pennsylvania · 1911