Pennsylvania Railroad v. Titusville & Pithole Plank Road Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: No. 373, to January Term 1871. This action was brought, November 9th 1869, by “ The Titus-ville and Pithole Plank Road Company against The Pennsylvania Railroad Company, lessees of the Philadelphia and Erie Railroad Company.” The cause' of action was the non-delivery by the defendants of plank for the construction of the plaintiffs’ plank road.
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Error to the Court of Common Pleas of Warren county: No. 373, to January Term 1871. This action was brought, November 9th 1869, by “ The Titus-ville and Pithole Plank Road Company against The Pennsylvania Railroad Company, lessees of the Philadelphia and Erie Railroad Company.” The cause' of action was the non-delivery by the defendants of plank for the construction of the plaintiffs’ plank road. The declaration was, that the plaintiffs had 912,812 feet of plank at Columbus and Lovell stations, on the Philadelphia and Erie Railroad, and delivered the plank to the defendants to be carried to…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
We think there was no evidence of a special contract which ought to have been submitted to the jury. The evidence consisted entirely of alleged admissions by Baldwin, the superintendent of the Pennsylvania Railroad, from which the jury were left to draw the inference that there had been a prior special contract. Nothing is better settled than that it could not be so found. The general rule on this subject is very clearly and succinctly stated by Mr. Justice Rogers in Hough v. Doyle, 4 Rawle 294. “ When it is proved that one is the agent…
2Cases cited1 opinion
- Hannay v. StewartSupreme Court of Pennsylvania · 1837
3Cited by4 opinions
- Krauss v. GreenbargCourt of Appeals for the Third Circuit · 1943
- Ruppel v. Allegheny Valley RailwaySupreme Court of Pennsylvania · 1895
- Spiese v. Mutual Trust Co.Supreme Court of Pennsylvania · 1917
- Riess v. MyersSuperior Court of Pennsylvania · 1914