Dooley v. New York Central & Hudson River Railroad
Superior Court of Pennsylvania
Appeal, No. 76, Oct. T., 1915, by defendant, from judgment of 0. P. Clearfield Co., Sept. T., 1911, No. 193, on verdict for plaintiff in case of C. W. Dooley, Leslie Stewart and Wade I. Stewart, .trading as Dooley & Stewart, v. New York Central & Hudson Eiver Railroad Company. Appeal from judgment of justice of the peace.
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Appeal, No. 76, Oct. T., 1915, by defendant, from judgment of 0. P. Clearfield Co., Sept. T., 1911, No. 193, on verdict for plaintiff in case of C. W. Dooley, Leslie Stewart and Wade I. Stewart, .trading as Dooley & Stewart, v. New York Central & Hudson Eiver Railroad Company. Appeal from judgment of justice of the peace. Before Bell, P. J. At the trial it appeared that on April 9, 1911, plaintiffs delivered to the defendant, a railroad company, at its station in Clearfield, Pennsylvania, a soda water fountain for shipment to M. Barron, Madera, Pa., naming themselves as shippers and M.…
1Opinion of the Court
Opinion by
Tresler, J.,
In view of the verdict of the jury in favor of the plaintiff, we must accept his version of the transaction. A soda fountain was delivered to the defendant, a common carrier, to be transported by it, and turned over to the consignee at destination. It was to be bought by the consignee after it was put up in his store in good condition and ready for use. No title passed and no liability was imposed upon the intending purchasers, until the soda fountain was delivered, “put up in good running order.” It was damaged in transit and the consignor brought suit for his loss. Did…
2Cases cited5 opinions
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Eckert v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Miller ex rel. Second National Bank v. SeamanSupreme Court of Pennsylvania · 1896
- Stanton v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1912
- Braddock Glass Co. v. Irwin & Co.Supreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937
- Charles E. Hires Co. v. StromeyerSuperior Court of Pennsylvania · 1916
- Montour Furniture Co. v. SakolskySuperior Court of Pennsylvania · 1936