Nicolette Lumber Co. v. People's Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 86, Oct. T., 1905, by plaintiff, from judgment of Superior Court, April T., 1904, No. 106, affirming judgment of C. P. No. 2, Allegheny Co., Oct. T., 1901, No. 832, on verdict for defendant in case of Nicolette Lumber Company v. People’s Coal Company. Appeal from judgment of Superior Court. The facts appear by the opinion of the Supreme Court and by the report of the case in 26 Pa. Superior Court 575. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This is an action of replevin brought for the recovery of possession of lumber, which had been transported on barges of the defendant from the mill of the plaintiff in West Virginia to Pittsburg, under a freight contract of $2.00- per thousand feet. This charge was paid before the institution of the replevin and is not involved in the case. It seems there was a delay of some days after the lumber reached Pittsburg before the plaintiff or its consignees demanded the barges from the defendant for the purpose of taking them further up the Allegheny river to the point…
2Cases cited1 opinion
- Chicago & Northwestern Railway Co. v. JenkinsIllinois Supreme Court · 1882
3Cited by10 opinions
- Mitchell v. Standard Repair Co.Supreme Court of Pennsylvania · 1923
- Bentz v. BarclaySupreme Court of Pennsylvania · 1928
- In re Hamburger Distillery, Inc.Court of Appeals for the Third Circuit · 1940
- Gault Lumber Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1913
- Commonwealth v. ShepherdSuperior Court of Pennsylvania · 1916
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