Stone & Co. v. D., L. & W. R. R.
Superior Court of Pennsylvania
Appeal, No. 38, March T., 1919, from judgment of C. P. Lackawanna County, March T., 1915, No. 1023, in favor of plaintiff in the case of W. A. Stone and George F. Bortz, trading as W. A. Stone & Co., v. The Delaware, Lackawanna & Western Railroad Company. Assumpsit to recover value of a car of coal alleged to have been lost in transit. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 38, March T., 1919, from judgment of C. P. Lackawanna County, March T., 1915, No. 1023, in favor of plaintiff in the case of W. A. Stone and George F. Bortz, trading as W. A. Stone & Co., v. The Delaware, Lackawanna & Western Railroad Company. Assumpsit to recover value of a car of coal alleged to have been lost in transit. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. The case was referred to Walter L. Schanz, Esq., as referee, who recommended that judgment be entered in favor of plaintiff and against defendant in the sum of |206.59. Exceptions…
1Opinion of the Court
Opinion by
Trexler, J.,
The George F. Lee Company, Kingston, Pa., shipped a carload of chestnut coal'hilled to W. A. Stone & Company, the plaintiff, Black Rock, N. Y., via. D., L. & W. R. R. Co., and while the coal was in course of shipment •the consignees directed the carrier to ship the car by connecting railroad to Maynard & Co., Collingswood, Ohio. When the car arrived at Buffalo, it was mistakenly delivered to the D., L. & W. Coal Co. and disposed of by that company. The number of the-car in question was 73300. Through a partial similarity of number, a car of the D., L., & W. containing…
2Cases cited4 opinions
- Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889
- Shenk v. Philadelphia Steam Propeller Co.Supreme Court of Pennsylvania · 1869
- Pennsylvania R. Co. v. Stern & SpiegelSupreme Court of Pennsylvania · 1888
- Wernwag & Dawson v. Phil., W. & B. R. Co.Supreme Court of Pennsylvania · 1887
3Cited by3 opinions
- Freedman v. Geo. W. Bush & Sons Co.Supreme Court of Pennsylvania · 1925
- Feingold v. American Railway Express Co.Superior Court of Pennsylvania · 1927
- Utley v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1926