Legal Opinion

Baltimore & Ohio Railroad v. Samuel

Superior Court of Pennsylvania

Decided November 13, 1911No. Appeal, No. 278PublishedCited by 3 opinions

Appeal, No. 278, Oct. T., 1910, by defendant, from order of C. P. No. 5, Phila. Co., Sept. Term, 1910, No. 1,112, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Baltimore & Ohio Railroad Company v. Frank" Samuel and Silas M. Tomlinson, trading as Frank Samuel. Assumpsit to recover freight and demurrage charges. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 278, Oct. T., 1910, by defendant, from order of C. P. No. 5, Phila. Co., Sept. Term, 1910, No. 1,112, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Baltimore & Ohio Railroad Company v. Frank" Samuel and Silas M. Tomlinson, trading as Frank Samuel. Assumpsit to recover freight and demurrage charges. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order…

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant delivered to the Philadelphia & Reading R. R. Company at Port Richmond, Philadelphia, three car loads of light scrap iron and consigned them to the Milton Manufacturing Company at Milton, Pennsylvania. The cars arrived in due time at their destination and in each instance the carrying company, by telephone and mail service, notified the consignee on the day of each car’s arrival. Notice by letter was promptly given by the consignee to the carrier that the freight would not be accepted on account of its quality. This refusal to receive the freight was…

2Cases cited5 opinions

  1. Wabash Railroad v. PearceSupreme Court of the United States · 1904
  2. Miller ex rel. Second National Bank v. SeamanSupreme Court of Pennsylvania · 1896
  3. Louis Werner Saw Mill Co. v. FerreeSupreme Court of Pennsylvania · 1902
  4. Rickey v. TutelmanSuperior Court of Pennsylvania · 1902
  5. Mull v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909

3Cited by3 opinions

  1. Pennsylvania Railroad v. Whitney & KemmererSuperior Court of Pennsylvania · 1920
  2. Philadelphia & Reading Railway Co. v. TaylorSuperior Court of Pennsylvania · 1930
  3. Baltimore & Ohio R. R. v. L. B. Foster Co.Superior Court of Pennsylvania · 1923

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