Eckert v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 235, Jan. T., 1904, by-defendant, from judgment of C. P. Berks Co., Dec. T., 1902, No. 34, on verdict for plaintiffs in case of Isaac Eckert and A. B. Commings v. Pennsylvania Railroad Company. Trespass against a carrier for loss of horses. Before EndLICH, J. At the trial the court submitted the ease to the jury reserving a question of law.
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Appeal, No. 235, Jan. T., 1904, by-defendant, from judgment of C. P. Berks Co., Dec. T., 1902, No. 34, on verdict for plaintiffs in case of Isaac Eckert and A. B. Commings v. Pennsylvania Railroad Company. Trespass against a carrier for loss of horses. Before EndLICH, J. At the trial the court submitted the ease to the jury reserving a question of law. The jury returned a verdict in favor of plaintiffs for $5,000. On a rule for judgment non obstante veredicto Endlich, J., filed the following opinion : 1. This is an action of trespass, in which the plaintiffs declare against defendant as a…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
It was the duty of the defendant company not only to carry the plaintiffs’ horses to the terminus of its road at Jersey City, but also to deliver them at that point to the connecting carrier in a car properly constructed and suitable for the purpose of transporting them to their final destination. The failure to perform this duty is the basis of this action. The plaintiffs allege, and the jury has found, that the defendant company removed the horses from the Burton car at Jersey City and placed them in a car not arranged and fitted but utterly unsuitable for…
2Cases cited1 opinion
- Pavitt v. Lehigh Valley R. R.Supreme Court of Pennsylvania · 1893
3Cited by21 opinions
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- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- Brinton v. School Dist. of Shenango Twp.Superior Court of Pennsylvania · 1923
- Stanton v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1912
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