Legal Opinion

Fineberg v. American Express Co.

Superior Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 121PublishedCited by 1 opinion

Appeal, No. 121, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia, April T., 1917, No. 623, on verdict for plaintiff in case of Isaac Fineberg v. J. C. Taylor, as President of American Express Co., a Joint Stock Association. Trespass to recover damages fqr delay in delivering an express package. Before Crane, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $262.90 and judgment thereon. Defendant appealed.

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Appeal, No. 121, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia, April T., 1917, No. 623, on verdict for plaintiff in case of Isaac Fineberg v. J. C. Taylor, as President of American Express Co., a Joint Stock Association. Trespass to recover damages fqr delay in delivering an express package. Before Crane, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $262.90 and judgment thereon. Defendant appealed. Error assigned, among others, was refusal to enter judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Trexler, J.,

On October 30,1916, the French Fur Dyeing Company, of New York City, delivered to the American Express *409Company a package addressed to I. Fineberg, 2223 North Front street, Philadelphia. The package was duly forwarded and on the following day was taken to the place designated for delivery but the consignee was not found. On the next day the express company sent notice to the consignor in New York and to the consignee at the address marked on the package advising each that the package had not been delivered. The notice to the consignor requested that he present it to the…

2Cases cited4 opinions

  1. Howard Express Co. v. WileSupreme Court of Pennsylvania · 1870
  2. Weaver v. Southern Railway Co.Missouri Court of Appeals · 1909
  3. Lake Shore & Michigan Southern Railway Co. v. HodappSupreme Court of Pennsylvania · 1877
  4. Walsh v. Adams Express Co.Superior Court of Pennsylvania · 1900

3Cited by1 opinion

  1. Caps v. American Railway Express, Pennsylvania Court of Common Pleas, Philadelphia County1922

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