Moser v. Philadelphia, Harrisburg & Pittsburg Railroad
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1910, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1908, No. 177, on verdict for plaintiff in case of Margaret Moser v. Philadelphia, Harrisburg & Pittsburg Railroad Company. Trespass to recover damages for an alleged discrimination in the matter of siding facilities.
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Appeal, No. 260, Jan. T., 1910, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1908, No. 177, on verdict for plaintiff in case of Margaret Moser v. Philadelphia, Harrisburg & Pittsburg Railroad Company. Trespass to recover damages for an alleged discrimination in the matter of siding facilities. Before Sadler, P. J. From the record it appeared that on October 15, 1890, the defendant, the Philadelphia, Harrisburg & Pittsburg Railroad Company, leased its railroad extending from Harrisburg to Shippensburg to the Philadelphia & Reading Railway Company for the term of 999 years,…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The judgment in this case can be sustained only as it can be made to appear that liability for the injury complained of attached to the defendant company prior to the lease of its road to the operating company. The action was for the recovery of damages for undue and unreasonable discrimination in the matter of furnishing facilities for transportation. The appellee not only admits that the action was based on the statute of June 4, 1883, P. L. 72, which prohibits such discrimination and allows recovery of triple damages for any violation, but insists upon it, in…
2Cases cited8 opinions
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
- Pinkerton v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1899
- Pittsburgh & Lake Erie Railroad v. RobinsonSupreme Court of Pennsylvania · 1880
- Larkins v. LindsaySupreme Court of Pennsylvania · 1903
- Chicago & Northwestern Railway Co. v. CraneSupreme Court of the United States · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
- Cluck v. LackeySuperior Court of Pennsylvania · 1921
- Pfeifer v. SheehanSouth Dakota Supreme Court · 1927
- Commonwealth ex rel. McClintock v. Kelly, Pennsylvania Court of Common Pleas, Montgomery County1926
- Davidson v. DavidsonSupreme Court of Pennsylvania · 1929
1 more not listed; retrieve them via the Exa API.