Utley v. Lehigh Valley Railroad

Opinion by

Cunningham, J.,

J. F. Utley, plaintiff below, brought an action in the Municipal Court of the County of Philadelphia to recover from the defendant railroad company the value of a carload of hay, alleging that there had been a misdelivery thereof by defendant’s connecting carrier. The case was tried by a judge without a jury. By defendant’s fourth requested conclusion of law the court was asked to find that under the law and all the evidence “the verdict must be for the defendant.” This request the court refused and found in favor of plaintiff for the contract price of the hay.…