Concordia Silk Hosiery Co. v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 245, Oct. T., 1917, by defendant, from judgment of O. P. No. 4, Philadelphia Co., Sept. T., 1916, No. 3667, on verdict for plaintiff in case of Concordia Silk Hosiery Co. v. Pennsylvania Railroad Company. Assumpsit for a total loss of an interstate shipment of goods. Before Finletteb, J. At the trial it appeared that the defense was that no written notice had been given to the carrier in accordance with a stipulation contained in the bill of lading.
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Appeal, No. 245, Oct. T., 1917, by defendant, from judgment of O. P. No. 4, Philadelphia Co., Sept. T., 1916, No. 3667, on verdict for plaintiff in case of Concordia Silk Hosiery Co. v. Pennsylvania Railroad Company. Assumpsit for a total loss of an interstate shipment of goods. Before Finletteb, J. At the trial it appeared that the defense was that no written notice had been given to the carrier in accordance with a stipulation contained in the bill of lading. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $168.20. Defendant appealed. Error…
1Opinion of the Court
Opinion by
Head, J.,
The few material facts presented by the record and the single question of law arising thereon are briefly and clearly stated in the following excerpt from the opinion of the learned court below directing the entry of judgment on a verdict in favor of the plaintiff. “Plaintiff sues to recover the value of certain goods delivered to the defendant for transportation from Philadelphia to Montreal. The bill of lading contained a stipulation that ‘claims must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of…
2Cases cited2 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
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- Nuside Metal Products, Inc. v. Eazor Express, Inc.Superior Court of Pennsylvania · 1959
- Hilbert v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1923
- Kinsey Distilling Corp. v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1949
- Tentzer v. Reading CompanySuperior Court of Pennsylvania · 1930
- Dobransky v. Adams Express Co.Superior Court of Pennsylvania · 1921
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