Joynes v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 178, Oct. T., 1911, by plaintiff from judgment of C. P. No. 1, Allegheny Co., March T., 1907, No. 396, for defendant non obstante veredicto in case of H. W. Joynes to use of A. T. James v. Pennsylvania Railroad Company. Trespass to recover damages for failure to deliver potatoes. Before Macfarlane, J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 178, Oct. T., 1911, by plaintiff from judgment of C. P. No. 1, Allegheny Co., March T., 1907, No. 396, for defendant non obstante veredicto in case of H. W. Joynes to use of A. T. James v. Pennsylvania Railroad Company. Trespass to recover damages for failure to deliver potatoes. Before Macfarlane, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $23,654.03. Subsequently the court entered judgment for defendant non obstante veredicto. Plaintiff appealed. jError assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Stewabt,
The appeal is from a judgment entered non obstante. This character of judgment necessarily implies that the case as presented on the trial would have warranted binding instructions. We are to inquire whether this was so here. The evidence on behalf of plaintiff gave support to the following facts: The plaintiff is a produce dealer residing and doing business in the city of Pittsburgh. Being without warehouse or storage facilities of his own, he was accustomed to have all his consignments delivered to him by the defendant company at a certain yard at Twenty-first…
2Cases cited2 opinions
- Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
- Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
3Cited by14 opinions
- Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Langley v. Pacific Gas & Electric Co.California Supreme Court · 1953
- Skehan v. Board of Trustees of Bloomsburg State CollegeDistrict Court, M.D. Pennsylvania · 1977
9 more not listed; retrieve them via the Exa API.