Hoffman v. Delaware, Lackawanna & Western Railroad
Superior Court of Pennsylvania
Appeal, No. 219, Oct. T., 1907, by defendant, from judgment of C. P. Northampton Co., April T., 1906, No. 14, on verdict for plaintiff in case of O. H, Hoffman v. Delaware, Lackawanna & Western Railroad Company. Assumpsit to recover damages for injuries caused by the delay of a machine. Before Scott, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 219, Oct. T., 1907, by defendant, from judgment of C. P. Northampton Co., April T., 1906, No. 14, on verdict for plaintiff in case of O. H, Hoffman v. Delaware, Lackawanna & Western Railroad Company. Assumpsit to recover damages for injuries caused by the delay of a machine. Before Scott, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [Now, there is a provision in this contract that no road shall be responsible, in effect, for acts committed upon some other railroad or by any of the agents of the other railroads and they have…
1Opinion of the Court
Opinion by
Henderson, J.,
In the absence of a contract providing otherwise, the obligation of a carrier of goods is to transport by the usual route adopted or held out to the public by him and to deliver with reasonable diligence. The defendant’s undertaking was restricted by the terms of the contract to delivery to a connecting carrier on the route to its destination, as that place was beyond the line of the defendant’s road. The subject of the transportation was consigned to the plaintiff at “Petersburg, W. Va., % B. & O. Freight Agent, Keyser, W. Va.” This'place is a small town in the…
2Cases cited7 opinions
- Thomas v. Central RailroadSupreme Court of Pennsylvania · 1900
- Railroad v. Cabinet Co.Tennessee Supreme Court · 1900
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Eckert v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. MontalvoSuperior Court of Pennsylvania · 1994
- Henry Shenk Co. v. Erie CountySupreme Court of Pennsylvania · 1935
- Gasparini Excavating Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1963
- Gaylord Builders, Inc. v. Richmond Metal Mfg. Corp.Superior Court of Pennsylvania · 1958
- Conrad Schopp Fruit Co. v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1910
1 more not listed; retrieve them via the Exa API.