Stewart v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 221, April T., 1908, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1906, No. 77, on verdict for plaintiff in case of Russell S. Stewart v. Baltimore & Ohio Railroad Company. Trespass to recover damages for loss on shipment of live stock. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1984. Defendant appealed. Errors assigned were answers to points quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Orlad y, J.,
The plaintiff, a dealer in stock, delivered to the defendant company at East St. Louis, 111., in the afternoon of December 19, 1904, twenty-two mules for shipment from that point to Somerset, Pa., where they arrived in the morning of December 24, when it was found that four of the mules were dead, a fifth died soon thereafter, and the others were in such bad condition that their market value was depreciated about twenty-five to thirty per cent.
The plaintiff was familiar, through eight years of experience as a shipper of stock, with the methods adopted by this railroad…
2Cases cited16 opinions
- Wabash Railroad v. ThomasIllinois Supreme Court · 1906
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
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3Cited by1 opinion
- Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937