Speare v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 70, Oct. T., 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1907, No. 5,490, on verdict for plaintiff in case of Sallie Speare v. Philadelphia & Reading Railway Company. Assumpsit to recover the value of four boxes and two barrels of household goods. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,080. Defendant appealed.
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Appeal, No. 70, Oct. T., 1910, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1907, No. 5,490, on verdict for plaintiff in case of Sallie Speare v. Philadelphia & Reading Railway Company. Assumpsit to recover the value of four boxes and two barrels of household goods. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,080. Defendant appealed. Error assigned amongst others was in refusing motion for judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action in assumpsit to recover for a lot of secondhand household goods alleged to have been lost during the course of transportation over the line of the defendant. The plaintiff recovered a judgment in the court below and defendant appeals.
There is no necessity for inquiring whether the Portland Van & Storage Co. and the Trans-Continental Freight Co. were liable to this plaintiff as common carriers of the packages in question. An initial carrier may, so far as the carrier which completes the transportation is concerned, become a forwarder and…
2Cases cited3 opinions
- Camden & Amboy Railroad v. Forsyth, Bros. & Co.Supreme Court of Pennsylvania · 1869
- Kessler v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1875
- Rome Railroad v. WimberlySupreme Court of Georgia · 1885
3Cited by1 opinion
- Del Gaizo Distributing Corp. v. GallagherSuperior Court of Pennsylvania · 1936