Davenport Co. v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 124, July T., 1894, by plaintiff from decree of C. P. No. 4, Pbila. Co., Sept. T., 1892, No. 105, dismissing exceptions to answers to interrogatories to bill of discovery. Bill of discovery in aid of action at law. The bill was filed against the railroad company and Wm. H. Joyce, general freight agent, and F. D. Howell, the freight claim agent of the companjr.
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Appeal, No. 124, July T., 1894, by plaintiff from decree of C. P. No. 4, Pbila. Co., Sept. T., 1892, No. 105, dismissing exceptions to answers to interrogatories to bill of discovery. Bill of discovery in aid of action at law. The bill was filed against the railroad company and Wm. H. Joyce, general freight agent, and F. D. Howell, the freight claim agent of the companjr. After averring that a suit had been begun by plaintiff against defendant to recover damages for losses of goods shipped by the plaintiff, the bill continued as follows: “5. Your orator further avers that on April 26,1893, a…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff shipped fruit over the defendant’s line of road from Philadelphia to Altoona in June, 1892. When it reached its destination it was decayed to such an extent as to occasion loss to the shipper. An action was brought against the defendant in September of the same year to recover in damages for the loss suffered. Pending this action the plaintiff filed his bill on the equity side of the court for discovery in aid of the action at law. The specific discovery sought was of certain writings described in the bill as “ official reports and communications…
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