Keystone Publishing Co. v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 178, Oct. T,, 1921, by plaintiff, from judgment of Municipal Court of Philadelphia, May T., 1920, No. 197, in favor of defendant in case tried by the court without a jury in suit of Keystone Publishing Company v. Pennsylvania Railroad Company. Trespass to recover damages for loss of a shipment of books. Before Bartlett, J., without a jury. The facts are stated in the opinion of the Superior Court. The court found for the defendant, and entered judgment thereon.
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Appeal, No. 178, Oct. T,, 1921, by plaintiff, from judgment of Municipal Court of Philadelphia, May T., 1920, No. 197, in favor of defendant in case tried by the court without a jury in suit of Keystone Publishing Company v. Pennsylvania Railroad Company. Trespass to recover damages for loss of a shipment of books. Before Bartlett, J., without a jury. The facts are stated in the opinion of the Superior Court. The court found for the defendant, and entered judgment thereon. Plaintiff appealed. Errors assigned were refusal of plaintiff’s request for binding instructions, dismissing motion for…
1Opinion of the Court
Opinion by
Henderson, J.,
On July 30, 1917, the plaintiff company delivered to the defendant a package of books consigned to the Keystone Publishing Company, San Francisco, California. The initial carrier’s line did not extend to San Francisco and delivery was therefore made to a connecting carrier. The books arrived in San Francisco, August 29, 1917, and were removed from the car and stored in the freight house of the terminal carrier. The name of the consignee did not appear in the city directory nor in the telephone directory of San Francisco and the local address could not be found by the…
2Cases cited7 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Norfolk & Western Railway Co. v. Stuart's Draft Milling Co.Supreme Court of Virginia · 1909
- Shenk v. Philadelphia Steam Propeller Co.Supreme Court of Pennsylvania · 1869
- Model Mill Co. v. Carolina, C. & O. Ry. Co.Tennessee Supreme Court · 1916
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- McCarthy v. P.R.R. Co.Superior Court of Pennsylvania · 1929
- Trinidad Bean & Elevator Co. v. Pennsylvania R.District Court, E.D. Pennsylvania · 1933