McNally v. Montour Railroad
Superior Court of Pennsylvania
Appeal, No. 91, April T., 1907, by plaintiff, from judgment of C. P. No.'l, Allegheny Co., Dec. T., 1902, No. 878, on verdict for plaintiff in case of Thomas Mc-Nally v. Montour Railroad Company. Assumpsit on a contract.
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Appeal, No. 91, April T., 1907, by plaintiff, from judgment of C. P. No.'l, Allegheny Co., Dec. T., 1902, No. 878, on verdict for plaintiff in case of Thomas Mc-Nally v. Montour Railroad Company. Assumpsit on a contract. Defendant presented the following point i 3. The arbitration clause set forth in the contract in evidence . bars recovery in this action, except as to plaintiff’s claim relative to and arising out of the use by plaintiff of defendant’s locomotive, train and train crew. Answer-: This is affirmed. Yerdict and judgment for plaintiff ‘for $750. Plaintiff appealed. Error assigned…
1Opinion of the Court
Opinion by
Henderson, J.,
The appeal in this case presents a single question: is the decision of the arbitrator choseil by the parties to the contract declared upon conclusive' as to disputes arising between them ? The contract contained the following provision : “ It is further agreed and understood between the parties hereto, that all questions which may arise under this contract between Thomas McNally, and the Montour railroad shall be referred to the chief engineer of said Montour railroad whose decision therein shall be final and conclusive.” A dispute arose under the following clause of…
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- McManus v. PhiladelphiaSupreme Court of Pennsylvania · 1902
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