Allen v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 314, Oct. T., 1920, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 19Í7, No. 540, on verdict for plaintiff in the case of Daniel V. Allen, trading as Allen & Company, v. Adams Express Company. Assumpsit against common carrier for failure to deliver a shipment consigned to its care. Before Shoemaker, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $974.25 and judgment thereon. Defendant appealed.
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Appeal, No. 314, Oct. T., 1920, by defendant, from judgment of O. P. No. 1, Phila. Co., Dec. T., 19Í7, No. 540, on verdict for plaintiff in the case of Daniel V. Allen, trading as Allen & Company, v. Adams Express Company. Assumpsit against common carrier for failure to deliver a shipment consigned to its care. Before Shoemaker, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $974.25 and judgment thereon. Defendant appealed. Errors}assigned were the charge of the court and refusal of defendant’s motion for a new trial.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff delivered to the defendant company, on December 10, 1916, at Philadelphia, a shipment consisting of 300 pounds of dye stuff, to wit, Direct Blue 2-B, to be carried by the defendant, as a common carrier, to Boston, Mass., and there delivered to I. Levenstein & Co. The shipping receipt, issued by defendant company, stated the value of the merchandise to be *176$825. The defendant failed to make delivery of the package, which seems to have been lost; the plaintiff made claim in writing on the defendant for the loss of the shipment on January 12, 1917, and…
2Cases cited1 opinion
- Ruppel v. Allegheny Valley RailwaySupreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Brown Coal Co. v. Illinois Central RailroadSupreme Court of Iowa · 1923
- Jakway v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1929
- Rothstein v. Railway Express Agency, Inc.Superior Court of Pennsylvania · 1933