Legal Opinion

Pennsylvania Railroad v. Farrell

Superior Court of Pennsylvania

Decided October 9, 1916No. Appeal, No. 217PublishedCited by 7 opinions

Appeal, No. 217, Oct, T., 1915, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1915, No. 457, on verdict for defendant in case of Pennsylvania Railroad Company v. Charles Farrell. Trespass to recover damages for injury to certain meat from the alleged negligent act of the defendant.

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Appeal, No. 217, Oct, T., 1915, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1915, No. 457, on verdict for defendant in case of Pennsylvania Railroad Company v. Charles Farrell. Trespass to recover damages for injury to certain meat from the alleged negligent act of the defendant. Before Bonniwell, J. At the trial the plaintiff made the following offer; “Mr. Myers.—I expect to prove the plaintiff to be in this position: On December 30, 1914, a certain quantity of meat which had been delivered to it by three shippers for transportation by it as a common carrier,…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiff’s statement of claim contains the following averments of fact, to wit: The plaintiff was, at the time referred to, and still is a public common carrier engaged in the business of transporting persons and property. As such carrier it received from certain shippers a consignment of meat to be by it transported to its place of destination and there delivered either to the said shippers or their consignee. In the course of carriage the meat was deposited on a freight platform of the plaintiff at the Walnut street wharf in the City of Philadelphia. The defendant…

2Cases cited3 opinions

  1. Gunzburger v. RosenthalSupreme Court of Pennsylvania · 1910
  2. McCrossan v. ReillySuperior Court of Pennsylvania · 1907
  3. Post v. Kinzua Hemlock Railway Co.Supreme Court of Pennsylvania · 1895

3Cited by7 opinions

  1. Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
  2. Juniata Accep. Corp., to Use v. HoffmanSuperior Court of Pennsylvania · 1939
  3. Bangor Silk Knitting Co. v. WiseSupreme Court of Pennsylvania · 1923
  4. Tigoni v. B. O.R.R. Co.Superior Court of Pennsylvania · 1934
  5. Pennsylvania R.R. Co. v. Edson BrothersSuperior Court of Pennsylvania · 1927

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