Legal Opinion

Cunningham v. Pennsylvania Railroad

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 14PublishedCited by 1 opinion

Appeal, No. 14, April T., 1909, by defendant, from judgment of O. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 416, on verdict for plaintiff in case of R. H. Cunningham v. The Pennsylvania Railroad Company. Trespass to recover damages for the loss of cement.

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Appeal, No. 14, April T., 1909, by defendant, from judgment of O. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 416, on verdict for plaintiff in case of R. H. Cunningham v. The Pennsylvania Railroad Company. Trespass to recover damages for the loss of cement. Before Cohen, J. The facts are stated in the opinion of the Superior Court and the charge of the court, which was in part as follows: [The bill of lading, offered in evidence, contains a provision that in case of flood the company shall not be liable for loss. “No carrier or party in possession of all or any of the property herein…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff brought an action in assumpsit to recover from the defendant the sum of $222, with interest from April 1,1907, this being the price paid for 600 bags of Portland cement, which were delivered in good condition to the defendant at Nazareth, Pa., for shipment to Turtle Creek, Pa. The testimony shows that the car in which the cement was carried, arrived at Turtle Creek on March 11, 1907, and was placed on a delivery siding. The next day an unexpected rise in the water *216of the creek submerged the tracks of the railroad company; the rainfall continued, and the…

2Cases cited5 opinions

  1. Baran v. Reading Iron Co.Supreme Court of Pennsylvania · 1902
  2. Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
  3. Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
  4. Roach v. KellySupreme Court of Pennsylvania · 1899
  5. Shaughnessy v. PittsburgSuperior Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Cunningham v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1912

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