Legal Opinion

Pennsylvania Railroad v. General Crushed Stone Co.

Superior Court of Pennsylvania

Decided March 5, 1921No. Appeal, No. 280PublishedCited by 6 opinions

Appeal, No. 280, Oct. T., 1920, by defendant, from judgment of C. P. Northampton County, April T., 1920, No. 212, for plaintiff on case-stated in suit of Pennsylvania Railroad Company v. General Crushed Stone Company. Case-stated to determine liability for freight charges.

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Appeal, No. 280, Oct. T., 1920, by defendant, from judgment of C. P. Northampton County, April T., 1920, No. 212, for plaintiff on case-stated in suit of Pennsylvania Railroad Company v. General Crushed Stone Company. Case-stated to determine liability for freight charges. Before McKeen, J. In the case-stated it was agreed that the defendant made certain shipments of stone to H. P. Moore & Co. over the lines of the plaintiff which shipments were completed by delivery to the consignee without any demand having been made for payment of the transportation charges. It appeared that the carrier…

1Opinion of the Court

Opinion by

Henderson, J.,

We regard the question raised on this appeal as decided in Pennsylvania R. R. Co. v. Whitney & Kemmerer, 73 Pa. Superior Ct. 588, and the cases therein cited, to which may he added Blanchard v. Page, 8 Gray 281; Wooster et al. v. Tarr, 8 Allen 270; New York Central R. R. Co. v. P. & H. Coal Co., 286 Ill. 267. The defendant was the consignor. The hill of lading was a contract between it and the plaintiff for the transportation of freight for the compensation agreed on. All of the authorities are to the effect that the consignor, whether the owner of the goods shipped or…

2Cases cited4 opinions

  1. Central Railroad v. MauserSupreme Court of Pennsylvania · 1913
  2. Pennsylvania Railroad v. Whitney & KemmererSuperior Court of Pennsylvania · 1920
  3. New York Central Railroad v. Philadelphia & Reading Coal & Iron Co.Illinois Supreme Court · 1918
  4. Thomas v. SnyderSupreme Court of Pennsylvania · 1861

3Cited by6 opinions

  1. C. & N. Rwy. Co. v. PicardSuperior Court of Pennsylvania · 1929
  2. Baltimore & Ohio R. R. v. L. B. Foster Co.Superior Court of Pennsylvania · 1923
  3. Chicago, Q.R.R. v. Berry's SonsSuperior Court of Pennsylvania · 1925
  4. Director General of Railroads v. Birdsboro Stone Co.Superior Court of Pennsylvania · 1925
  5. Beecher v. Reading Co., Pennsylvania Court of Common Pleas, Schuylkill County1935

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