Cox v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 1, May T., 1912, by defendant, from judgment of C. P. Dauphin Co., Jan. T.,. 1907, No. 577, on verdict for plaintiffs in case of D. W. Cox and E. E. Lawton v. Pennsylvania Railroad Company. Trespass to recover treble damages for injuries sustained in consequence of refusal of railroad company to furnish siding connection. Before McCarrell, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 1, May T., 1912, by defendant, from judgment of C. P. Dauphin Co., Jan. T.,. 1907, No. 577, on verdict for plaintiffs in case of D. W. Cox and E. E. Lawton v. Pennsylvania Railroad Company. Trespass to recover treble damages for injuries sustained in consequence of refusal of railroad company to furnish siding connection. Before McCarrell, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $34,814.50 single damages which was reduced by remittitur to $27,851.60 and then trebled by the court. Defendant appealed. Errors assigned sufficiently appear by the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The action was for the recovery of treble damages under the Act of June 4, 1883, P. L. 72, for injury alleged to have been sustained in consequence of the defendant’s refusal to furnish a siding connection with a coal mine operated by plaintiffs under a lease. Application for the siding connection was made 11th September, 1902. Some time thereafter the defendant submitted to the plaintiffs a plan, dated 4th October, 1902, showing a proposed siding which, so far as appears, was acceptable to the plaintiffs. Plaintiffs were proceeding with the opening of the mine…
2Cases cited2 opinions
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Welsh v. AnthonySupreme Court of Pennsylvania · 1851
3Cited by5 opinions
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- Lemon v. CampbellSuperior Court of Pennsylvania · 1939
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- Corabi v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1970