Legal Opinion

Philadelphia, Baltimore & Washington Railroad v. Walker

Superior Court of Pennsylvania

Decided March 3, 1911No. Appeal, No. 124PublishedCited by 5 opinions

Appeal, No. 124, Oct. T., 1910, by defendants, from judgment of C. P. Chester Co., Aug. Term, 1909, No. 113, on verdict for plaintiff in case of Philadelphia, Baltimore & Washington Railroad Company v. S. C. Walker & Company. Assumpsit to recover the amount of a freight bill. Before Hemphill, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $45.98. Defendants appealed.

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Appeal, No. 124, Oct. T., 1910, by defendants, from judgment of C. P. Chester Co., Aug. Term, 1909, No. 113, on verdict for plaintiff in case of Philadelphia, Baltimore & Washington Railroad Company v. S. C. Walker & Company. Assumpsit to recover the amount of a freight bill. Before Hemphill, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $45.98. Defendants appealed. Error assigned amongst others was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Head, J.,

It is agreed in the case stated that on January 22, 1908, the defendants were indebted to the plaintiffs in the sum of $56.00 for freight on an interstate shipment delivered by the latter to the former. There is no dispute whatever as to the amount of this bill and the fact that it was then due and owing. At the same time it appears that defendants had an unsettled claim against the plaintiff arising out of other transactions for alleged shortage on coal and damages to goods shipped amounting to $45.98. This claim was under investigation, but its correctness had not been…

2Cases cited4 opinions

  1. Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
  2. Brockley v. BrockleySupreme Court of Pennsylvania · 1888
  3. Martin v. FrantzSupreme Court of Pennsylvania · 1889
  4. West Point Cotton Mills v. BlytheSuperior Court of Pennsylvania · 1905

3Cited by5 opinions

  1. Polin v. WeisbrotSuperior Court of Pennsylvania · 1913
  2. Alfred M. Slocum Co. v. St. ClairSuperior Court of Pennsylvania · 1912
  3. American Warming & Ventilating Co. v. Fayette Lumber Co.Superior Court of Pennsylvania · 1913
  4. Rothschild v. Trexler Co.Superior Court of Pennsylvania · 1923
  5. Godshalk v. Richardson, Pennsylvania Court of Common Pleas, Montgomery County1922

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