Legal Opinion

Anderson v. Pittsburg, Bessemer & Lake Erie Railroad

Superior Court of Pennsylvania

Decided June 30, 1906No. Appeal, No. 59PublishedCited by 1 opinion

Appeal, No. 59, April T., 1906, by defendant, from judgment of C. P. Butler Co., Deo. T., 1903, No. 51, on verdict for plaintiff in ease of B. C. Anderson v. The Bessemer & Lake Erie Railroad Company. Trespass against a common carrier for loss on goods. Before Thomas, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $275.03. Defendant appealed.

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Appeal, No. 59, April T., 1906, by defendant, from judgment of C. P. Butler Co., Deo. T., 1903, No. 51, on verdict for plaintiff in ease of B. C. Anderson v. The Bessemer & Lake Erie Railroad Company. Trespass against a common carrier for loss on goods. Before Thomas, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $275.03. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Orlady, J.,

■ The plaintiff shipped a carload of goods, consisting of about 3,500 baskets of grapes, pears and honey, from Ripply, N. Y., to Butler, Pa., via the defendant’s railroad. The classification of the freight required that a double first-class rate should be paid, and to secure the safe and careful transportation of the goods they were carried in a refrigerator car, which arrived at Butler, Pa., some time during the afternoon of Saturday, November 15. This was considered a half holiday, and a Sunday following, the delivery of the goods was delayed until Monday, November 17.

Th…

2Cases cited1 opinion

  1. Morgan v. Westmoreland Electric Co.Supreme Court of Pennsylvania · 1906

3Cited by1 opinion

  1. Augustine v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1913

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