Dintenfass v. American Railway Express Co.
Superior Court of Pennsylvania
Appeal, No. 128, Oct. T., 1921, by defendant, from judgment of Municipal Court of Philádelphia, June T., 1920, No. 487, on finding for the plaintiff, in case tried by the court without a jury in suit of Samuel Dintenfass, trading as Tire Brokerage Company, v. American Railway Express Company. Assumpsit to recover value of goods delivered for transportation. Before Bonniwell, J., without a jury. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 128, Oct. T., 1921, by defendant, from judgment of Municipal Court of Philádelphia, June T., 1920, No. 487, on finding for the plaintiff, in case tried by the court without a jury in suit of Samuel Dintenfass, trading as Tire Brokerage Company, v. American Railway Express Company. Assumpsit to recover value of goods delivered for transportation. Before Bonniwell, J., without a jury. The facts are stated in the opinion of the Superior Court. The court found for the plaintiff in the sum of $398.82, and subsequently entered judgment thereon. Defendant appealed. Error assigned was…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff sued to recover the value of two shipments of automobile tires delivered to the defendant for transportation. The case was tried before the court without a jury. The only question raised is whether there is sufficient evidence to sustain the court’s finding.
As to the first shipment, it appears there were several requests made of the defendant to send its truck to plaintiff’s place of business. The usual card was hung out to attract defendant’s employees. A truck of the defendant came and a driver and helper, having the usual cap worn by the express company…
2Cases cited4 opinions
- Hershinger v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Sarver v. MitchellSuperior Court of Pennsylvania · 1907
- Corpies v. Sand Co.Superior Court of Pennsylvania · 1906
- Reel v. Adams Express Co.Superior Court of Pennsylvania · 1905