Joynes v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 175, Oct. T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1906, No. 238, on verdict for plaintiff in case of H. W. Joynes to use of W. W. Joynes v. The Pennsylvania Railroad Company. Trespass to recover damages for overcharge in freight rates. At the trial it appeared that plaintiff is a produce merchant at Pittsburgh. His principal business is the buying and selling of potatoes.
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Appeal, No. 175, Oct. T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1906, No. 238, on verdict for plaintiff in case of H. W. Joynes to use of W. W. Joynes v. The Pennsylvania Railroad Company. Trespass to recover damages for overcharge in freight rates. At the trial it appeared that plaintiff is a produce merchant at Pittsburgh. His principal business is the buying and selling of potatoes. During the years 1900 to 1905 inclusive, he purchased on the eastern shore of Maryland some 800 cars of Irish and sweet potatoes, all of which were consigned to him at the…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The first amendment to the statement of claim was *327allowed without objection or exception on the part of the defendant, and while the second was objected to upon the ground called to our attention by the first assignment of error, it merely amplified the other amendment and was not inconsistent with the original statement; although new matter was averred the plaintiff made no real departure from the original cause of action, namely, the overcharge in freight rates, and he added nothing under which the damages could be increased. “Amendments should be liberally…
2Cases cited2 opinions
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Vervaeke v. Adams Express Co.Supreme Court of Pennsylvania · 1911
3Cited by16 opinions
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- New York & Pennsylvania Co. v. New York Central R. R.Supreme Court of Pennsylvania · 1920
- Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
- LITTLER v. DUNBARSupreme Court of Pennsylvania · 1950
- Philco Corp. v. Unemployment Compensation Board of ReviewSuperior Court of Pennsylvania · 1954
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