Menner v. President of the Delaware & Hudson Canal Co.
Superior Court of Pennsylvania
Appeal, No. 39, Jan. T., 1898, by defendant from judgment of C. P. Wayne Co., March T., 1897, No. 10, on verdict for plaintiffs. Appeal from judgment of justice.
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Appeal, No. 39, Jan. T., 1898, by defendant from judgment of C. P. Wayne Co., March T., 1897, No. 10, on verdict for plaintiffs. Appeal from judgment of justice. Before Ptjrdy, P. J. The plaintiffs brought an action of assumpsit before a justice for the negligent performance of duties by a common carrier whereby a certain barrel of molasses consigned to the plaintiffs and received for carriage by the defendant was on the 19th day of September, 1896, wholly destroyed and lost. Defendant pleaded “not guilty.” It appears from the evidence that the defendant company brought the car containing the…
1Opinion of the Court
Opinion by
Smith, J.,
The question Taised by the first three specifications of error is, whether the evidence is such that the court should declare the defendant absolved from its common law obligation safely to carry the plaintiff’s goods. The contention on the part of the appellant is that the facts are so far undisputed, and so conclusively in its favor, that the court should so declare.
As matter of law, the proposition that the issue is to be decided by the court when the facts are undisputed, is too broadly stated. The rule on this point has well defined limits. When the determination of…
2Cases cited2 opinions
- Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Phœnix Pot Works v. Pittsb. Etc. R.Supreme Court of Pennsylvania · 1891
3Cited by14 opinions
- Robinson Electrical Co. v. Capitol Trucking Corp.Superior Court of Pennsylvania · 1951
- Atlantic Refining Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1921
- German, Adr. v. RiddellSuperior Court of Pennsylvania · 1942
- Villari v. JamesSuperior Court of Pennsylvania · 1944
- Phillips v. Duquesne Traction Co.Superior Court of Pennsylvania · 1898
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