Steamboat Co. v. Atkins & Co.
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit by S. R. Keemle and II. E. Atkins, in business as Atkins & Co., for the use of John Beal and P. McArthur & Co., v. The Baltimore and Philadelphia Steamboat Company.
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Error to the District Court, Philadelphia. This was an action of assumpsit by S. R. Keemle and II. E. Atkins, in business as Atkins & Co., for the use of John Beal and P. McArthur & Co., v. The Baltimore and Philadelphia Steamboat Company. The material question in the case was, whether the plaintiffs, Atkins & Co., had such an interest in the subject-matter of the suit, as entitled them to bring, the action m their own names, for their own use, and to the use of the owners of the goods having distinct claims. The legal plaintiffs, Atkins & Co., were in the forwarding business, their place of…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
The plaintiffs below, Atkins & Co., delivered to the plaintiff in error, the Baltimore Steamboat Company, certain goods, which they promised to deliver in good order to Cumberland Railroad Company at Baltimore, to forward to Messrs. McKaig & Agnew, Cumberland, who were agents of Atkins & Co.
The goods were damaged whilst in the custody of the steamboat company, by their negligence, as established by the verdict of the jury.
This action of assumpsit is brought by Atkins & Co., for the use of the legal owners of the goods, to recover the damages…
2Cases cited1 opinion
- Green v. ClarkNew York Supreme Court · 1848
3Cited by4 opinions
- Terry v. Pennsylvania RailroadSuperior Court of Delaware · 1931
- Robb v. American Railway Express Co.Superior Court of Pennsylvania · 1921
- Tentzer v. Reading CompanySuperior Court of Pennsylvania · 1930
- Baron v. Woskobijnyk, Pennsylvania Court of Common Pleas, Montgomery County1961