Kast v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 230, Oct. T., 1904, by plaintiff, from judgment of C. P., No. 3, Phila. Co., Dec. T., 1902, No. 2519, on verdict for plaintiff in case of The Philadelphia & Reading Railway Company v. Charles F. Kast. Assumpsit for loss of baggage. Before Finletter, P. J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict-and judgment for plaintiff for $176.40. Defendant appealed.
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Appeal, No. 230, Oct. T., 1904, by plaintiff, from judgment of C. P., No. 3, Phila. Co., Dec. T., 1902, No. 2519, on verdict for plaintiff in case of The Philadelphia & Reading Railway Company v. Charles F. Kast. Assumpsit for loss of baggage. Before Finletter, P. J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict-and judgment for plaintiff for $176.40. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Oblady, J.,
The defendant company sold the plaintiff a mileage book in which there was a contract containing nine stipulations; the only one of importance for the purposes of this case being the eighth, which was as follows : “ That it entitles the purchaser to travel only between regular stopping places of passenger trains, and that it is subject to all the rules and regulations of the company, and does not carry with it any privilege for the transportation of merchandise or goods of any kind. The baggage of the person named on the ticket to the extent of one hundred and fifty (150)…
2Cases cited7 opinions
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Porter v. HildebrandSupreme Court of Pennsylvania · 1850
- Bullard v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1902
- Jacobs v. Central RailroadSuperior Court of Pennsylvania · 1902
- McGill v. RowandSupreme Court of Pennsylvania · 1846
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3Cited by3 opinions
- Dox's EstateSuperior Court of Pennsylvania · 1906
- Kaplan v. Director General of RailroadsSuperior Court of Pennsylvania · 1922
- Mayer v. Yellow Cab Co.Pennylvania Municipal Court, Philadelphia County · 1931