Corry v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 213, Jan. T., 1899, by defendant, from judgment of Superior Court, Oct. T., 1898, No. 181, reversing order of C. P. No. 4, Phila. Co., Sept. T., 1898, No. 548, discharging rule for judgment for want of a sufficient affidavit of defense. Appeal from Superior Court. From the record it appeared that the writ was in assumpsit.
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Appeal, No. 213, Jan. T., 1899, by defendant, from judgment of Superior Court, Oct. T., 1898, No. 181, reversing order of C. P. No. 4, Phila. Co., Sept. T., 1898, No. 548, discharging rule for judgment for want of a sufficient affidavit of defense. Appeal from Superior Court. From the record it appeared that the writ was in assumpsit. Plaintiff declared that “ she sent her trunk, containing her personal baggage, to the station at Beverly, by a public hackman, to be transported to Camden. . . . The hackman .... carried the trunk into the waiting room .... and in the presence of the agent…
1Opinion of the Court
Opinion b?
Mr. Chief Justice Green,
According to the plaintiff’s statement of her cause of action she had not assumed the relation of passenger and carrier with the defendant at the time of the loss of her goods. She distinctly states that shq intended to become a passenger and sent on her trunk to the station where it was left awaiting her arrival, and that in the mean time, and before her arrival at the station, the trunk was rifled of a large part of its contents which she never received back. She further states that, nevertheless, she did become a passenger as she had intended, and that the…
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