West Jersey & Seashore R. R. v. Whiting Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 40, Oct. T., 1918, by plaintiff, from order of O. P. No. 4, Philadelphia Co., December Term, 1913, No. 321, discharging rule for judgment for want of a sufficient affidavit of defense in the case of The West Jersey & Seashore R. R. Co. v. Whiting Lumber' Co. Assumpsit for freight charges. Before Carr, J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.
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Appeal, No. 40, Oct. T., 1918, by plaintiff, from order of O. P. No. 4, Philadelphia Co., December Term, 1913, No. 321, discharging rule for judgment for want of a sufficient affidavit of defense in the case of The West Jersey & Seashore R. R. Co. v. Whiting Lumber' Co. Assumpsit for freight charges. Before Carr, J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
This appeal comes from an order of the learned court below discharging a rule for judgment for want of a sufficient affidavit of defense.
The plaintiff is a railroad carrier engaged, inter alia, in interstate traffic. The shipment here in question was *163of that class. Its point of origin was in the State of Alabama; its destination in the State of New Jersey. The defendant was and is a corporation in the last-named state and was the consignée of the carload of lumber which was transported from the point of origin to that of destination by the plaintiff and its antecedent…
2Cases cited1 opinion
- Philadelphia & Reading Ry. Co. v. ParrySuperior Court of Pennsylvania · 1917
3Cited by19 opinions
- Pennsylvania R. R. v. CameronSupreme Court of Pennsylvania · 1924
- Pennsylvania Railroad v. Whitney & KemmererSuperior Court of Pennsylvania · 1920
- Pennsylvania Railroad v. RothsteinSuperior Court of Pennsylvania · 1934
- Philadelphia & Reading Railway Co. v. International Motor Co.Superior Court of Pennsylvania · 1924
- Pa. Railroad v. Rothstein & SonsSuperior Court of Pennsylvania · 1932
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