Rhymer v. Delaware, Lackawanna & Western Railroad
Superior Court of Pennsylvania
Appeal, No. 250, Oct. T., 1903, by defendant, from judgment of G. P. No. 2, Phila. Co., June T., 1902, No. 3728, on verdict for plaintiff in case of James L. Rhymer v. Delaware, Lackawanna and Western Railroad Company. Assumpsit against carrier to recover the value of a cargo of potatoes. Before Barratt, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 250, Oct. T., 1903, by defendant, from judgment of G. P. No. 2, Phila. Co., June T., 1902, No. 3728, on verdict for plaintiff in case of James L. Rhymer v. Delaware, Lackawanna and Western Railroad Company. Assumpsit against carrier to recover the value of a cargo of potatoes. Before Barratt, J. The facts appear by the opinion of the Superior Court. At the trial the court refused to admit evidence as to the value of the potatoes at Sherburne, New York, the place of shipment. Plaintiff presented these points: The burden is on the defendant to show that the damaged condition of the…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought an action of assumpsit to recover the value of a car load of potatoes, which had been shipped over the line of the defendant company from Sherburne, New York, consigned to the plaintiff at Philadelphia, and which he declined to receive, upon its arrival, alleging that the goods were in a damaged condition. The bill of lading, issued by the defendant company, under which the property was shipped, *347stipulated that, as to each carrier over any portion of the route, the service to be performed under the contract should be subject to certain conditions, of…
2Cases cited18 opinions
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- American Express Co. v. SandsSupreme Court of Pennsylvania · 1867
- Whitesides v. RussellSupreme Court of Pennsylvania · 1844
- Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
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3Cited by3 opinions
- Hoyt v. Clinton Hotel Co.Superior Court of Pennsylvania · 1908
- Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
- Gross v. Adams Express Co.Superior Court of Pennsylvania · 1908