Phœnix Pot Works v. Pittsb. Etc. R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. • No. 212 October Term 1890, Sup. Ct.; court below, No. 585 January Term 1889, C. P. No. 2. On January 3, 1889, service of a summons was accepted in assumpsit brought by the Phoenix Clay Pot Works against the Pittsburgh & Lake Erie Railroad Co. Issue.
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APPEAL BY DEPENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. • No. 212 October Term 1890, Sup. Ct.; court below, No. 585 January Term 1889, C. P. No. 2. On January 3, 1889, service of a summons was accepted in assumpsit brought by the Phoenix Clay Pot Works against the Pittsburgh & Lake Erie Railroad Co. Issue. At the trial on January 9, 1890, it was shown that on January 23,1888, the plaintiff company shipped by the defendant’s road, from Pittsburgh to Phillipsburg, in Beaver county, four glass-house pots. These pots were put into a box car by the plaintiffs,.packed by…
1Opinion of the Court
OpinioN,
Mb. Justice Stebbett:
There was no error in refusing to charge, as requested in defendant’s first point, “ that, under all the evidence, the verdict must be for defendant.” In affirming defendant’s third point, “ that no presumption of negligence on the part of the carrier arises from the condition of the clay pots at the place of delivery,” etc., the learned judge went to the very verge of propriety, if not beyond it; but of course the defendant does not complain of that.
The case was clearly a proper one for the consideration of the jury on all the> evidence before them. Considering…
2Cases cited1 opinion
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
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- Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
- A. B. & J. Schaeffer v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
- Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Menner v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1898
- Rhymer v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1905
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