Beal & Simons v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 57, April T., 1899, by defendant, from judgment of C. P. Mercer Co., Jan. T., 1897, No. 136, on verdict for plaintiffs. Opinion by W. D. Porter, J. Assumpsit for loss of goods. The facts appear in the opinion of the court. Defendant’s sixth point and the answer thereto were as follows : [6. Under the law and the evidence in this case the verdict of the jury should be in favor of defendant.
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Appeal, No. 57, April T., 1899, by defendant, from judgment of C. P. Mercer Co., Jan. T., 1897, No. 136, on verdict for plaintiffs. Opinion by W. D. Porter, J. Assumpsit for loss of goods. The facts appear in the opinion of the court. Defendant’s sixth point and the answer thereto were as follows : [6. Under the law and the evidence in this case the verdict of the jury should be in favor of defendant. Answer: Refused.] [5] Verdict and judgment for plaintiffs for 1251.27. Defendant appealed. Error assigned among others was (5) above instruction, quoting it.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
An agent of plaintiffs, on August 30, 1890, delivered to the defendant, a common carrier, at Kane, a lot of butter in tubs, consigned to B. E. Cartwright at Brockport, on the Toby branch of the New York, Lake Erie & Western Railroad. The line of transportation of the defendant company did not reach Brock-*146port and the goods were to be delivered to a connecting carrier at Brockwayville. The goods ought to have reached their destination at Brockport on August 30, 1890, but they did not arrive, and within a few days after that time it was known to the plaintiffs that…
2Cases cited16 opinions
- Butler v. MaplesSupreme Court of the United States · 1870
- Hartranft's EstateSupreme Court of Pennsylvania · 1893
- Adams Express Co. v. SchlessingerSupreme Court of Pennsylvania · 1874
- American Life Insurance & Trust Co. v. ShultzSupreme Court of Pennsylvania · 1876
- Whiting & Co. v. LakeSupreme Court of Pennsylvania · 1879
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3Cited by8 opinions
- Yubas v. MakranskySupreme Court of Pennsylvania · 1930
- Craig v. CosgroveSupreme Court of Pennsylvania · 1923
- Fee v. Adams Express Co.Superior Court of Pennsylvania · 1909
- Peters v. AlterSuperior Court of Pennsylvania · 1926
- Gajkowski v. International Brotherhood of TeamstersSupreme Court of Pennsylvania · 1986
3 more not listed; retrieve them via the Exa API.