Legal Opinion

Potamkin v. Wells Fargo & Co.

Superior Court of Pennsylvania

Decided May 9, 1916No. Appeal, No. 228PublishedCited by 7 opinions

Appeal, No. 228, Oct. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T,, 1913, No. 1236, on verdict for plaintiff in case of Harry Potamkin v. Wells Fargo & Company. Assumpsit against a carrier to recover for the loss of a shipment of live German carp. Before Dougherty, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,253.86. Defendant appealed.

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Appeal, No. 228, Oct. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Dec. T,, 1913, No. 1236, on verdict for plaintiff in case of Harry Potamkin v. Wells Fargo & Company. Assumpsit against a carrier to recover for the loss of a shipment of live German carp. Before Dougherty, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,253.86. Defendant appealed. Error assigned was in refusing to enter judgment for defendant n. o. v. The legality of this contract is determined by the law of lilinods: Scudder v. Union Nat. Bank, 91 U.…

1Opinion of the Court

Opinion by

Trexeer, J.,

The plaintiff shipped live fish from Meredosiá, Illinois, to Philadelphia. Owing to the neglect of the connecting carrier, most of the fish died in transit.

The Act of June 7,1911, State of Illinois, provides in Section 1, Clause 17, "It shall be unlawful for any person to ship any fish caught in any of the waters under the jurisdiction of the state.......without procuring a license.” "It shall be unlawful for any railroad, express company......to receive from any person, any fish caught in the waters under the jurisdiction of the state for shipment unless the person so…

2Cases cited9 opinions

  1. Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
  2. Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
  3. Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
  4. Vandegrift v. VandegriftSupreme Court of Pennsylvania · 1910
  5. Irvin v. IrvinSupreme Court of Pennsylvania · 1895

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3Cited by7 opinions

  1. New York & Pennsylvania Co. v. Cunard Coal Co.Supreme Court of Pennsylvania · 1926
  2. Edward Stern & Co. v. Liberty Mutual InsuranceSupreme Court of Pennsylvania · 1921
  3. Deposit National Bank v. Beaver Trust Co.Superior Court of Pennsylvania · 1917
  4. Solomon v. MoyerSuperior Court of Pennsylvania · 1918
  5. Atkinson v. SapovitsSuperior Court of Pennsylvania · 1925

2 more not listed; retrieve them via the Exa API.

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