Legal Opinion

Needy v. Western Maryland Railroad

Superior Court of Pennsylvania

Decided April 20, 1903No. Appeal, No. 1PublishedCited by 9 opinions

Appeal, No. 1, Oct. T., 1902, by plaintiff, from judgment of O. P. Franklin Co., Feb. T., 1901, No. 98, on verdict for defendant in case of Samuel Needy v. "Western Maryland Railroad Company. Appeal from judgment of justice of the peace. Before John Stewart, P. J. Tlie facts are stated in tlie opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.

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Appeal, No. 1, Oct. T., 1902, by plaintiff, from judgment of O. P. Franklin Co., Feb. T., 1901, No. 98, on verdict for defendant in case of Samuel Needy v. "Western Maryland Railroad Company. Appeal from judgment of justice of the peace. Before John Stewart, P. J. Tlie facts are stated in tlie opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant. It has long been settled, that in Pennsylvania a common carrier may not limit its liability for…

1Opinion of the Court

Opinion by

Rice, P. J.,

The facts upon which the plaintiff claimed the right to recover were correctly and concisely stated in the charge of the learned judge of the common pleas as follows:

On September 15, 1900, the plaintiff consigned to the defendant company at Waynesboro, this county, for shipment to the Union Stock Yards, near Baltimore, Maryland, a lot of hogs. He testifies that they were eighty-two in number When the car in which they were shipped reached its destination, the hogs numbered seventy-five, and no more were der livered to the consignee. The plaintiff claims in this action to…

2Cases cited10 opinions

  1. Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
  2. Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
  3. Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
  4. Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
  5. Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895

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3Cited by9 opinions

  1. Leh v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1906
  2. Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
  3. Lane v. Oregon Short Line RailroadIdaho Supreme Court · 1921
  4. Ridge v. Erie Railroad Co.Superior Court of Pennsylvania · 1913
  5. Rhymer v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1905

4 more not listed; retrieve them via the Exa API.

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