Wray, Moore & Co. v. American Ry. Ex. Co.
Superior Court of Pennsylvania
Appeal, No. 16, Oct. T., 1920, by plaintiff, from judgment of O. P. Blair County, Oct. T., 1919, No. 184, on verdict for plaintiffs in the case of Wray, Moore & Company, a Limited Partnership Association, v. The American Railway Express Company, successor to Adams Express Company, a general association under the laws of the state of New York. Assumpsit to recover the value of goods damaged and spoiled in transit.
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Appeal, No. 16, Oct. T., 1920, by plaintiff, from judgment of O. P. Blair County, Oct. T., 1919, No. 184, on verdict for plaintiffs in the case of Wray, Moore & Company, a Limited Partnership Association, v. The American Railway Express Company, successor to Adams Express Company, a general association under the laws of the state of New York. Assumpsit to recover the value of goods damaged and spoiled in transit. Before Baldrige, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiffs for $285.16. Subsequently the court reduced the verdict to $122.40, and…
1Opinion of the Court
Opinion by
Linn, J.,
Appellants obtained a verdict for $285.16, which the court reduced to $122.40, for which judgment was entered. They claim the larger amount. We must consider the disputed facts established in their favor by the verdict. Defendant was the terminal carrier of a shipment of cheese consigned to plaintiffs. When tendered for delivery to them, the boxes were broken and the cheese was damaged. Plaintiffs declined to receive it,— leaving it in defendant’s custody as warehouseman; defendant then sold it on an order of a federal food administrator and received $122.40 for it. This…
2Cases cited5 opinions
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- American Express Co. v. SandsSupreme Court of Pennsylvania · 1867
- Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Cote v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Vuille v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
3Cited by9 opinions
- Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937
- Ensign v. Union Transfer Co.Superior Court of Pennsylvania · 1925
- General Electric Co. v. Pennsylvania RailroadDistrict Court, W.D. Pennsylvania · 1958
- Jackson Co., Inc. v. P.R.R. Co.Superior Court of Pennsylvania · 1933
- Almar Tea Co. v. Pennsylvania R.R. Co.Superior Court of Pennsylvania · 1923
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