Baltimore & Ohio Railroad v. Gray's Ferry Abattoir Co.
Superior Court of Pennsylvania
Appeal, No. 170, Oct. T., 1904, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1904, No. 1660, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Baltimore & Ohio Railroad Company v. Gray’s Ferry Abattoir Company. Assumpsit for demurrage. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Smith, J.,
This case is ruled by Penna. R. R. Co. v. Midvale Steel Co., 201 Pa. 624, which it closely resembles, both in general character and in its chief details. That case is an authority that settles the right of a carrier by rail to establish a rule fixing a reasonable charge for the detention of cars after a sufficient period for unloading, without specific notice to shippers or consignees ,• and in this case, as in that, “ the rule is manifestly a reasonable one, both as to time and charge.” The only question presented here is whether the affidavit of defense sets forth,…
2Cases cited1 opinion
- Pennsylvania Railroad v. Midvale Steel Co.Supreme Court of Pennsylvania · 1902
3Cited by1 opinion
- Pennsylvania Railroad v. Bulah Shaft Coal Co.Superior Court of Pennsylvania · 1910