Salberg v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 43, Jan. T., 1912, by defendant, from judgment of C. P. Elk Co., Jan. T., 1908, No. 130, on verdict for plaintiff in case of Charles O. Salberg and Herbert T. Morey, doing business under the firm name of Ridgway Grain Co. v. Pennsylvania Railroad Company. Trespass to recover the value of seventeen carloads of grain and hay delivered by the defendant to one Duke Copelin without production of the bills of lading or. payment, of the drafts attached thereto.
Read the full summary
Appeal, No. 43, Jan. T., 1912, by defendant, from judgment of C. P. Elk Co., Jan. T., 1908, No. 130, on verdict for plaintiff in case of Charles O. Salberg and Herbert T. Morey, doing business under the firm name of Ridgway Grain Co. v. Pennsylvania Railroad Company. Trespass to recover the value of seventeen carloads of grain and hay delivered by the defendant to one Duke Copelin without production of the bills of lading or. payment, of the drafts attached thereto. Before Hall,.P. J. At the trial it appeared that the bills were known, as “order” bills of lading, and that they contained this…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question involved in this appeal, which is that of the liability of the defendant company for the value of seventeen carloads of grain and feed delivered by the agent of the defendant to the consignee, without requiring the production and surrender of the bills of lading, was under consideration here before, and the case is reported in 228 Pa. 641. It is due to the court below to say that the writer of this opinion, in formulating the decision of the court upon the former appeal, failed to note accurately the distinction in the testimony on behalf of the…
2Cases cited1 opinion
- Ridgway Grain Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910