Smith v. Illinois Central Railroad
Superior Court of Pennsylvania
Appeal, No. 77, April T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., July Term, 1902, No. 463, on verdict for plaintiff in case of J. W. Smith etal., trading as Smith & Company, v. Illinois Central Railroad Co. Appeal from judgment of justice of the peace. Before Frazer, P. J. The opinion of the Superior Court states the case. Error assigned was in refusing judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of assumpsit both parties requested binding *644instructions, and tbe learned court gave a binding instruction in favor of the plaintiff, refusing defendant’s motion, and thereafter refused judgment for the defendant non obstante veredicto. A proper disposition of the case seems to require a careful statement of the facts as they were proved and conceded.
The appellees are engaged in business in the city of Pitts-burg and on April 15, 1901, they ordered a car load of oats from the Paxton Elevator Company of Kanakee, Illinois,- the oats were shipped in car No.…
2Cases cited8 opinions
- Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
- Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
- Baltimore & Philadelphia Steamboat Co. v. BrownSupreme Court of Pennsylvania · 1867
- Wabash, St. Louis & Pacific Railway Co. v. JaggermanIllinois Supreme Court · 1886
- American Express Co. v. Second National BankSupreme Court of Pennsylvania · 1872
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