Legal Opinion

Allam v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided November 8, 1897No. Appeal, No. 78PublishedCited by 10 opinions

Appeal, No. 78, Jan. T., 1897, by defendant, from judgment of Superior Court, Nov. T., 1896, No. 21, affirming the judgment of C. P. No. 4, Phila. Co., March T., 1894, No. 1329, on verdict for plaintiff. Assumpsit for lumber damaged in transit. Appeal from the Superior Court. See 3 Pa. Superior- Ct. 335 (1897), where most of the material facts will be found. Other facts appear by the opinion of the Supreme Court.

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Appeal, No. 78, Jan. T., 1897, by defendant, from judgment of Superior Court, Nov. T., 1896, No. 21, affirming the judgment of C. P. No. 4, Phila. Co., March T., 1894, No. 1329, on verdict for plaintiff. Assumpsit for lumber damaged in transit. Appeal from the Superior Court. See 3 Pa. Superior- Ct. 335 (1897), where most of the material facts will be found. Other facts appear by the opinion of the Supreme Court. Error assigned was in affirming judgment of the court of common pleas. It is not in all cases incumbent upon a carrier to give notice to a consignee of the arrival of his goods :…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The judgment appealed from in this case was rendered by the Superior Court. Four of the learned judges of that court concurred in the judgment. Three of them dissented from it. The questions that came under consideration are of public importance ; and that they are by no means free from difficulty is shown by the wide differences of opinion entertained as to them by the members of the Superior Court. They may be stated thus : first: is it an invariable rule in this state that a common carrier must give to the consignee of goods notice of their arrival at the…

2Cases cited8 opinions

  1. Laing v. ColderSupreme Court of Pennsylvania · 1848
  2. Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
  3. Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
  4. Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
  5. American Express Co. v. SandsSupreme Court of Pennsylvania · 1867

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3Cited by10 opinions

  1. Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
  2. Leh v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1906
  3. Normile v. Northern Pacific Railway Co.Washington Supreme Court · 1904
  4. Jacobs v. Central RailroadSuperior Court of Pennsylvania · 1902
  5. Southern Railway Co. v. BarclayAlabama Court of Appeals · 1911

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