Pennsylvania Railroad v. Midvale Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 142, Jan. T., 1900, by plaintiff, from order of C. P. No. 4, June T., 1899, No. 59, Phila. Co., discharging rule for judgment for want of a sufficient affidavit of defense in case of Pennsylvania Railroad Company v. Midvale Steel Company. Assumpsit to recover demurrage for detention of cars. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 142, Jan. T., 1900, by plaintiff, from order of C. P. No. 4, June T., 1899, No. 59, Phila. Co., discharging rule for judgment for want of a sufficient affidavit of defense in case of Pennsylvania Railroad Company v. Midvale Steel Company. Assumpsit to recover demurrage for detention of cars. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was as follows : The defendant has no knowledge of the facts stated in the plaintiff’s declaration that prior to 1893, or at any time subsequent thereto, the plaintiff had established a rule relating to…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The plaintiff, as a common carrier corporation, before 1893, adopted by its proper officers this rule :
“ A charge of one dollar shall be imposed for car service for and upon each car carried over any portion of its line of railroad not unloaded by the consignee within forty-eight hours from the time said car arrived at the destination thereof, ready for delivery to such consignee, for each day or part of day after said forty-eight hours, not including Sundays and legal holidays, during which said car should remain unloaded, the said charge being payable by the…
2Cases cited5 opinions
- Miller v. MansfieldMassachusetts Supreme Judicial Court · 1873
- Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.Court of Appeals of Kentucky · 1895
- Norfolk & Western R. R. v. AdamsSupreme Court of Virginia · 1894
- Woods v. WatkinsSupreme Court of Pennsylvania · 1861
- Bryar v. HarrisonSupreme Court of Pennsylvania · 1860
3Cited by9 opinions
- Yazoo & Mississippi Valley Railroad v. SearlesMississippi Supreme Court · 1904
- Michie v. New York, N. H. & H. R.U.S. Circuit Court for the District of Massachusetts · 1907
- Pennsylvania Railroad v. Waverly Oil Works Co.Superior Court of Pennsylvania · 1914
- Ryon v. StarrSupreme Court of Pennsylvania · 1906
- Baltimore & Ohio Railroad v. Gray's Ferry Abattoir Co.Superior Court of Pennsylvania · 1905
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