Quinn v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 284, Jan. T., 1906, by defendant, from order of C. P. Clearfield Co., Dec. T., 1904, No. 294, making absolute rule to produce papers in case of John Quinn v. Pennsylvania Railroad Company. Trespass to recover damages for an alleged wrongful discrimination in the distribution of coal cars.
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Appeal, No. 284, Jan. T., 1906, by defendant, from order of C. P. Clearfield Co., Dec. T., 1904, No. 294, making absolute rule to produce papers in case of John Quinn v. Pennsylvania Railroad Company. Trespass to recover damages for an alleged wrongful discrimination in the distribution of coal cars. From the record it appeared that the plaintiff, after issue had been joined, obtained a rule on the defendant to show cause why certain distribution sheets should not be produced for his inspection in advance of the trial. This rule was taken in accordance with the act of February 27, 1798, 3 Sm.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Error was committed in making this order, but we cannot now correct it. The order was an interlocutory one, and the appeal from it must be quashed: Logan et al. v. Pennsylvania Railroad Co., 132 Pa. 403. For refusal to comply with it the penalty will not be attachment for contempt, but the statutory one of judgment by default for the plaintiff. Until such judgment .is taken the defendant cannot be harmed by the court’s order to produce the daily distribution sheets. If it should be. taken, on appeal from it, in reversing it, our reasons will be given -why the order…
2Cases cited1 opinion
- Logan v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
3Cited by6 opinions
- MacKowain v. Gulf Oil Corp.Supreme Court of Pennsylvania · 1952
- Whetsel v. ShawSupreme Court of Pennsylvania · 1941
- Sanderbeck v. SanderbeckSupreme Court of Pennsylvania · 1984
- Commonwealth ex rel. Bittner v. PriceSupreme Court of Pennsylvania · 1967
- Quijada v. Unifrutti of America Inc., Pennsylvania Court of Common Pleas, Philadelphia County1991
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