Ridgway Grain Co. v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 43, Jan. T., 1910, by defendant, from judgment of C. P. Elk Co., Jan. T., 1908, No. 130, on verdict for plaintiffs in case of Charles O. Salberg and Herbert T. Morey, doing business as Ridgway Grain Company, v. The Pennsylvania Railroad Company. Assumpsit against a carrier for misdelivery of goods. Before Hall, P. J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 43, Jan. T., 1910, by defendant, from judgment of C. P. Elk Co., Jan. T., 1908, No. 130, on verdict for plaintiffs in case of Charles O. Salberg and Herbert T. Morey, doing business as Ridgway Grain Company, v. The Pennsylvania Railroad Company. Assumpsit against a carrier for misdelivery of goods. Before Hall, P. J. The facts appear in the opinion of the Supreme Court. At the trial the court under objection and exception excluded evidence tending to show a course of dealing continuing for a long period by which goods were surrendered by the defendant to the consignee without…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question here involved is the liability of defendant company for the value of seventeen car loads of grain and feed, delivered by the agent of the defendant, to the consignee, without requiring the surrender of the bills of lading. As a general principle, if the carrier delivers to anyone, even to the consignee, without requiring the production of the bill of lading, it does so at its peril. But there may be cases in which, by custom or a course of dealing between consignor and consignee, delivery has, with the knowledge and acquiescence of the consignor, been…
2Cases cited7 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Chicago & Southeastern Railway Co. v. Fifth National BankIndiana Court of Appeals · 1901
- Shenk v. Philadelphia Steam Propeller Co.Supreme Court of Pennsylvania · 1869
- Taylor v. BeattySupreme Court of Pennsylvania · 1902
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3Cited by5 opinions
- Southern Express Co. v. Ruth & SonAlabama Court of Appeals · 1912
- Midland Linseed Co. v. American Liquid Fireproofing Co.Supreme Court of Iowa · 1918
- Jardine, Matheson & Co. v. United StatesDistrict Court, W.D. Washington · 1924
- Fowler v. Seaboard Airline Railway Co.Superior Court of Pennsylvania · 1914
- Salberg v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912