Eberbach v. Clyde Steamship Co.
Superior Court of Pennsylvania
Appeal, No. 275, Oct. T., 1919, by defendant, from judgment of C. P. No. 4, Phila. County, Sept. T., 1916, No. 3790, on verdict for plaintiff in the case of John S. Eberbach, Nelson E. Eberbach and Joseph H. Eberbach, trading as A. B. Cunningham & Company, v. Clyde Steamship Company. Assumpsit to recover the value of shipments of tobacco.
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Appeal, No. 275, Oct. T., 1919, by defendant, from judgment of C. P. No. 4, Phila. County, Sept. T., 1916, No. 3790, on verdict for plaintiff in the case of John S. Eberbach, Nelson E. Eberbach and Joseph H. Eberbach, trading as A. B. Cunningham & Company, v. Clyde Steamship Company. Assumpsit to recover the value of shipments of tobacco. Before Finletter, J. From the record it appeared that four shipments of tobacco were consigned to the plaintiffs in Philadelphia from points in North Carolina, Kentucky and Virginia. The defendant company was the initial carrier as to one of the shipments…
1Opinion of the Court
Opinion by
Linn, J.,
Plaintiffs have judgment for the value of four lots of tobacco consigned to them brought here by defendant, and delivered to an unauthorized drayman who stole the property. Defendant appeals and assigned two errors : *81(1) the refusal of the court to enter judgment n. o. v.; (2) the refusal to grant a new trial. The only exception taken to the charge was to the refusal of binding instructions for defendant.(1) Witnesses for defendant testified that the tobacco arrived and was delivered to a drayman; and the verdict determines that the delivery was to an unauthorized person.…
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