Davis v. Richardson

Opinion by

Keller, J.,

Plaintiff appeals from the refusal of the court below to enter judgment against defendant for want of a sufficient affidavit of defense. An appeal in such case is intended to reach only clear cases of error in law and prevent the delay incident to a trial: Wilson v. Bryn Mawr Trust Co., 225 Pa. 143. If there is any doubt of the plaintiff’s right to a judgment on the pleadings, the appeal should be dismissed and the case remitted for trial.

The action was by a carrier for an inadvertent undercharge on an interstate shipment. The car was originally shipped by the…