Legal Opinion

Philadelphia & Reading Ry. Co. v. Parry

Superior Court of Pennsylvania

Decided March 13, 1917No. Appeal, No. 277PublishedCited by 6 opinions

Appeal, No. 277, Oct. T., 1916, by plaintiff, from order of C. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 2109, discharging rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia & Reading Railway Co. v. Charles K. Parry, trading as Charles K. Parry & Company. Assumpsit for freight charges. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.

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Appeal, No. 277, Oct. T., 1916, by plaintiff, from order of C. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 2109, discharging rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia & Reading Railway Co. v. Charles K. Parry, trading as Charles K. Parry & Company. Assumpsit for freight charges. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff brought this action to recover the freight and charges upon two car-loads of lumber which had been ordered by the defendant from C. A. Roach, of Bingham, South Carolina, to be shipped to Reading, Pa. Roach had delivered the lumber to the Atlantic Coast Line Railroad Company, which company delivered to him bills of lading for the cars, the shipment being-routed through to Reading, via the Philadelphia & Reading Railway Co., and consigned to this defendant. The defendant notified the Philadelphia & Reading Railway Co. to deliver the cars to Abner S. Deysher,…

2Cases cited3 opinions

  1. Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
  2. Philadelphia & Reading Railway Co. v. BaerSuperior Court of Pennsylvania · 1914
  3. Schmertz v. DwyerSupreme Court of Pennsylvania · 1867

3Cited by6 opinions

  1. West Jersey & Seashore R. R. v. Whiting Lumber Co.Superior Court of Pennsylvania · 1919
  2. Philadelphia & Reading Railway Co. v. International Motor Co.Superior Court of Pennsylvania · 1924
  3. Kaplan v. Director General of RailroadsSuperior Court of Pennsylvania · 1922
  4. In re Devon Manor Corp.District Court, E.D. Pennsylvania · 1919
  5. Long Island Railroad v. Keystone Iron & Metal Co., Pennsylvania Court of Common Pleas, Philadelphia County1924

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