Blackburn v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 95, Oct. T., 1909, by defendant, from judgment of C. P. Chester Co., Aug. T., 1907, No. 101, on verdict for plaintiffs in case of Ephraim Blackburn and Joseph S. Townsend, trading as Blackburn & Townsend, v. Adams Express Company. Assumpsit for loss of horses. Before Hemphill, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiffs for $515.02. Defendant appealed.
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Appeal, No. 95, Oct. T., 1909, by defendant, from judgment of C. P. Chester Co., Aug. T., 1907, No. 101, on verdict for plaintiffs in case of Ephraim Blackburn and Joseph S. Townsend, trading as Blackburn & Townsend, v. Adams Express Company. Assumpsit for loss of horses. Before Hemphill, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiffs for $515.02. Defendant appealed. Error assigned was in refusing binding instructions for defendant, and in .refusing to limit the amount that might be recovered to $75.00 for each horse as stipulated in the…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant received from the plaintiffs twenty-eight horses to be transported from Zanesville, Ohio, to Oxford, Pa., in one of the defendant’s cars. When the car arrived at Oxford three of the horses were found to have been injured, two of them so severely that one of them died soon after it was taken from the car and the other was shot. The third was disabled for a long time and sold for much less than its "value before the injury. The uncontradicted testimony shows that the horses were in good condition when they were placed in the car at the point of shipment.…
2Cases cited5 opinions
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- A. B. & J. Schaeffer v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
- Davenport v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1899
3Cited by7 opinions
- Villari v. JamesSuperior Court of Pennsylvania · 1944
- United States Horse Shoe Co. v. American Express Co.Supreme Court of Pennsylvania · 1915
- Delmont v. Adams Express Co.Superior Court of Pennsylvania · 1913
- Dodge v. Adams Express Co.Superior Court of Pennsylvania · 1912
- Augustine v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1913
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