Kaplan v. Director General of Railroads
Superior Court of Pennsylvania
Appeal, No. 15, Oct. T., 1921, by defendant, from judgment of the Municipal Court of Philadelphia County, July T., 1919, No. 410, for plaintiff, in case tried by the court without a jury, in suit of Jacob Kaplan v. Director General of Railroads. Assumpsit to recover value of a box of merchandise. Before Bonniwell, J., without a jury. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 15, Oct. T., 1921, by defendant, from judgment of the Municipal Court of Philadelphia County, July T., 1919, No. 410, for plaintiff, in case tried by the court without a jury, in suit of Jacob Kaplan v. Director General of Railroads. Assumpsit to recover value of a box of merchandise. Before Bonniwell, J., without a jury. The facts are stated in the opinion of the Superior Court. The court found in favor of the plaintiff, and entered judgment in the sum of $559.94. Defendant appealed. Error assigned was the order of court overruling motion for judgment notwithstanding the finding.…
1Opinion of the Court
Opinion by
Orlady, P. J.,
This action in assumpsit was brought against the director general of railroads to recover the value of a box of merchandise which the plaintiff delivered to the Pennsylvania Railroad, then being operated by the director general of railroads, in Philadelphia, for transportation to New York. The receipt of the merchandise was admitted, as well as the nondelivery at the destination, but the defense is interposed that the box and its contents were not of the kind or class of property for which the defendant was liable in the event of its loss. There was no dispute as to…
2Cases cited8 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Humphreys v. PerrySupreme Court of the United States · 1893
- West Jersey & Seashore R. R. v. Whiting Lumber Co.Superior Court of Pennsylvania · 1919
- Bullard v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1902
- Philadelphia & Reading Ry. Co. v. ParrySuperior Court of Pennsylvania · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kirwan v. Railway Express Agency, Inc.Superior Court of Pennsylvania · 1935
- Mayer v. Yellow Cab Co.Pennylvania Municipal Court, Philadelphia County · 1931