Long v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 185, July T., 1891, by plaintiff, Thomas L. Long, from judgment of C. P., No. 4, Phila. Co., June T., 1889, No. 310, on verdict for defendant. Trespass to recover damages for loss of baggage. Tbe facts appear by tbe opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was the charge directing the jury to find for the defendant.
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Appeal, No. 185, July T., 1891, by plaintiff, Thomas L. Long, from judgment of C. P., No. 4, Phila. Co., June T., 1889, No. 310, on verdict for defendant. Trespass to recover damages for loss of baggage. Tbe facts appear by tbe opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was the charge directing the jury to find for the defendant. The defendants testimony failed to establish that the breaking of the dam and the consequent flood was the act of God. A common carrier is a virtual insurer…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This is what, under the practice prior to 1887, would have been called an action of trover. It is brought to recover the value of two trunks and their contents delivered to the defendant company in Cincinnati for transportation to Washington. When the plaintiff presented his baggage checks at the defendant’s station in Washington, and asked for his trunks, they were not delivered. This action was then brought. The *345course of the trial is shown by the opening paragraph in the printed argument of the appellant. It is as follows: “ It was conceded by the defendant…
2Cases cited6 opinions
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
- Penn. R. v. BellSupreme Court of Pennsylvania · 1888
- Moore v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Riggsby v. TrittonSupreme Court of Virginia · 1925
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- American Railway Express Co. v. FegenbushSupreme Court of Florida · 1932
- S. L. S. F. R. R. Co. v. BrosiusCourt of Appeals of Texas · 1907
- Dixon v. BreonSuperior Court of Pennsylvania · 1903
3 more not listed; retrieve them via the Exa API.