Merritt v. Lehigh Valley Railroad
Superior Court of Pennsylvania
Appeal, No. 73, Oct. T., 1911, by plaintiff, from order of C. P. Wyoming Co., June T., 1903, No. 55, entering judgment for defendant n. o. v. in case of Merritt, Elliott & Company v. Lehigh Valley Railroad Company. Trespass to recover for the loss of two trunks and their contents. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 73, Oct. T., 1911, by plaintiff, from order of C. P. Wyoming Co., June T., 1903, No. 55, entering judgment for defendant n. o. v. in case of Merritt, Elliott & Company v. Lehigh Valley Railroad Company. Trespass to recover for the loss of two trunks and their contents. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $509.12., Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action of trespass brought to recover the value of two large trunks containing sample merchandise, and the court below submitted the case to the jury and there was a verdict in favor of plaintiff of $509.12. At the trial the defendant asked for a binding instruction, which request was refused, and after verdict the defendant’s counsel moved the court for judgment non obstante veredicto, which was granted, and the plaintiff appealed and in a single assignment of error complains that the court erred in granting such judgment.
The facts developed at the trial,…
2Cases cited11 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Chicago, Rock Island & Pacific Railroad v. BoyceIllinois Supreme Court · 1874
- McCarty v. New York & Erie RailroadSupreme Court of Pennsylvania · 1858
- McGinnis v. St. Paul Fire & Marine InsuranceSuperior Court of Pennsylvania · 1909
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- Kaplan v. Director General of RailroadsSuperior Court of Pennsylvania · 1922
- Hirsh v. Anderson Hotel Co.Superior Court of Pennsylvania · 1914
- Tamarin v. Pennsylvania Co.Superior Court of Pennsylvania · 1913