Hull v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 89, April T., 1896, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1894, No. 477, on verdict for plaintiff. Appeal by defendant from judgment of a justice of the peace in an action of assumpsit. Verdict for the plaintiff for $27.91. Before McConnell, J. A buggy was shipped to plaintiff over lines of defendant company. The testimony shows that it was placed in the hands of the defendant company, but was never seen or received by the plaintiff.
Read the full summary
Appeal, No. 89, April T., 1896, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1894, No. 477, on verdict for plaintiff. Appeal by defendant from judgment of a justice of the peace in an action of assumpsit. Verdict for the plaintiff for $27.91. Before McConnell, J. A buggy was shipped to plaintiff over lines of defendant company. The testimony shows that it was placed in the hands of the defendant company, but was never seen or received by the plaintiff. It was a disputed fact whether or not the buggy was placed in the defendant’s warehouse at Latrobe, the place of…
1Opinion of the Court
Opinion by
Beaver, J.,
It is impossible to eliminate from the consideration of this case the questions of fact concerning which there was material dispute in the court below. One of these facts was whether or not the buggy carried by the defendant from Cincinnati to the siding at Latrobe ever was placed in its warehouse. It is impossible to determine this question upon the testimony given *653in behalf of the appellant itself. There was, therefore, no error in the answer to the appellant’s second point which constitutes the first assignment of error. Appellant claims that the point having been…
2Cited by1 opinion
- Snyder v. LoySuperior Court of Pennsylvania · 1897