International Coal Mining Co. v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 286, Jan. T., 1905, by John Lloyd, from order of C. P. No. 2, Pliila. Co., June T.., 1904, No. 3,929, •compelling, witness to.answer question in case of International Coal Mining Company v. Pennsylvania Railroad -Company. Assumpsit to recover rebates. From the record it appeared that while an action was pending, plaintiff entered a rule to take depositions on John Lloyd on eight days’notice.
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Appeal, No. 286, Jan. T., 1905, by John Lloyd, from order of C. P. No. 2, Pliila. Co., June T.., 1904, No. 3,929, •compelling, witness to.answer question in case of International Coal Mining Company v. Pennsylvania Railroad -Company. Assumpsit to recover rebates. From the record it appeared that while an action was pending, plaintiff entered a rule to take depositions on John Lloyd on eight days’notice. At a meeting held in pursuance of the .rule ■ Lloyd was asked whether any officer-or director of the Pennsylvania Railroad Company was a stockholder in the Columbia Coal Company. The witness…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
As between the plaintiff and the defendant below, the order appealed from may be regarded as interlocutory, but as to this appellant it is certainly final. It was made upon a matter entirely distinct from the general subject of the litigation. As the appellant is not a party to the suit, he could not be heard on appeal from a final judgment in it. This distinction seems to be overlooked by counsel for the appellee. If the appellant had not appealed from the order directing him to answer, the penalty for disobedience of it immediately confronted him. Though not…
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