Staten Island Rapid Transit Railway Co. v. Hite
Superior Court of Pennsylvania
Appeal, No. 70, Oct. T./1909, by plaintiff, from judgment of O. P. No. 2, Phila. Co., Sept. T., 1908, No. 4,727, for defendant on case stated in suit of Staten Island Rapid Transit Railway Company v. John Y. Hite and Louis Rafeto, Copartners. Assumpsit to recover demurrage charges on cars. Before WlLTBANK, J. The opinion of the Superior Court states the case. The court entered judgment for defendant. Plaintiff appealed. Error assigned was in entering judgment for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s claim is for demurrage charges growing out of the alleged neglect of the defendants to receive coal shipped to them on cars consigned to St. George, Staten Island, Coal Piers. An affidavit of defense was filed and when the case came on for argument on a rule for judgment for want of a Sufficient affidavit of defense it was agreed by the counsel for the respective parties that the statement of claim and the affidavit of defense and amendment thereof be treated as a case stated for the judgment of the court, all facts therein set forth being admitted to…
2Cases cited2 opinions
- Berks County v. PileSupreme Court of Pennsylvania · 1852
- Commonwealth v. HowardSupreme Court of Pennsylvania · 1892
3Cited by4 opinions
- Nevin Bus Lines, Inc. v. Public Service CommissionSuperior Court of Pennsylvania · 1930
- Commonwealth v. FerrariSuperior Court of Pennsylvania · 1934
- Kelly v. Urban Et Ux.Superior Court of Pennsylvania · 1939
- Conti v. Benefit Ass'n of Railway EmployeesSuperior Court of Pennsylvania · 1931