Hersh v. Northern Central Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1873, No. 63. This was an action of assumpsit, brought August 15th 1866, by Edward Hersh, who survived John Hough, trading as Hough & Hersh, against the Northern Central Railway Company. The suit was originally brought in the Court of Common Pleas of York county; and under the 1st section of the Act of April 14th 1834, Pamph.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1873, No. 63. This was an action of assumpsit, brought August 15th 1866, by Edward Hersh, who survived John Hough, trading as Hough & Hersh, against the Northern Central Railway Company. The suit was originally brought in the Court of Common Pleas of York county; and under the 1st section of the Act of April 14th 1834, Pamph. L. 395, 2 Brightly’s Purd. 1227, pi. 72, it was removed on the 23d of January 1869, to the Court of Common Pleas of Lancaster county. The suit was brought to recover back tolls, &c., paid by the partners…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Mercur, J. —
The most important question in this case arises under the second assignment of error. It alleges “ the court erred in deciding that the average charges in this case were not more than four cents per mile per ton for toll and transportation for the plaintiffs’ coal and merchandise.”
Strictly speaking, this raises a question of fact onty. Inasmuch, however, as the facts were found by the referees, under an agreement of the parties that they should “ have the same effect • as a special verdict,” we will consider whether the court…
2Cited by1 opinion
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