Zahloot v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 183, April T., 1912, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1912, No. 1,483, for plaintiff on case stated in suit of M. A. Zahloot v. Adams Express Company. Assumpsit to recover the value of a shipment of oriental rugs.
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Appeal, No. 183, April T., 1912, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1912, No. 1,483, for plaintiff on case stated in suit of M. A. Zahloot v. Adams Express Company. Assumpsit to recover the value of a shipment of oriental rugs. Shaper, J., stated the facts to be as follows; The action is assumpsit in which the parties have agreed upon a case stated in the nature of a special verdict, from which it appears that the plaintiff is a dealer in oriental rugs in Pittsburg, and that in September, 1911, he desired to ship certain rugs to a consignee in New York city; that an…
1Opinion of the Court
Per Curiam,
In Hughes v. Penna. R. R. Co., 202 Pa. 222, it was pertinently suggested in the opinion of Mr. Justice Potter, and for sound reasons, that it will not do to apply to the contracts of 'common carriers all the principles that may apply to other contracts. If this be kept in view, it will be seen that the rule as hereafter stated that was laid down in that case does not conflict in principle with the rule recognized and applied in other contracts. At any rate, it was distinctly declared upon full and elaborate consideration as follows: “Where a contract containing a stipulation…
2Cases cited5 opinions
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Burnett v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Fairchild v. Philadelphia, Wilmington & Baltimore R. R.Supreme Court of Pennsylvania · 1892
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
3Cited by2 opinions
- Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937
- Taylor v. Adams Express Co.Superior Court of Pennsylvania · 1913