Legal Opinion

Jackson v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided July 1, 1910No. Appeal, No. 397PublishedCited by 10 opinions

Appeal, No. 397, Jan. T., 1909, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1906, No. 74, on verdict .for plaintiff in case of Robert A. Jackson v. The Pennsylvania Railroad Company. Trespass for damages under the act of 1883. Before A. O. Smith, P. J. The facts are set out in the opinion of the Supreme Court.

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Appeal, No. 397, Jan. T., 1909, by defendant, from judgment of C. P. Clearfield Co., Sept. T., 1906, No. 74, on verdict .for plaintiff in case of Robert A. Jackson v. The Pennsylvania Railroad Company. Trespass for damages under the act of 1883. Before A. O. Smith, P. J. The facts are set out in the opinion of the Supreme Court. Plaintiff presented, inter alia, the following points: 5. That the measure of plaintiff’s damages is the difference between the cost of mining and delivering the coal in railroad cars, adding thereto the royalty paid, and the fair average selling price prevailing in…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The plaintiff brought this action against the defendant company to recover damages under the provisions of the Act of June 4, 1883, P. L. 72, for undue .discrimination in refusing to furnish to him, his fair proportion of cars for shipping coal, from his coal mine in Decatur township, Clearfield county, during the years 1902, 1903, 1904 and 1905. The case was submitted, upon the facts, to the jury and resulted in a verdict for $705.87, single damages, or $2,117.61, treble damages; and from the judgment entered thereon defendant has appealed. The assignments of…

2Cases cited8 opinions

  1. Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
  2. Safe Deposit & Trust Co. v. FrickeSupreme Court of Pennsylvania · 1893
  3. Frederick StreetSupreme Court of Pennsylvania · 1892
  4. Commonwealth v. Wilkes-Barre & Scranton Ry.Supreme Court of Pennsylvania · 1894
  5. Sifred v. CommonwealthSupreme Court of Pennsylvania · 1883

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3Cited by10 opinions

  1. Provident Life & Trust Co. v. KlemmerSupreme Court of Pennsylvania · 1917
  2. Harr, SEC. of Bkg. v. BoucherSuperior Court of Pennsylvania · 1940
  3. Commonwealth v. MassarelliSupreme Court of Pennsylvania · 1931
  4. Coleman v. Reading Co.Supreme Court of Pennsylvania · 1942
  5. Commonwealth v. Donovan, Pennsylvania Court of Common Pleas, Philadelphia County1941

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