Isdaner v. Philadelphia & Reading Railway Co.
Superior Court of Pennsylvania
Appeal, No. 269, Oct. T., 1912, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., June T., 1907, No. 5,224, for defendant n. o. v. in case of Max Isdaner et al., copartners, trading as Isdaner, Cohen and Schmidt, v. Philadelphia and Reading Railway Company. Trespass for loss of merchandise.
Read the full summary
Appeal, No. 269, Oct. T., 1912, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., June T., 1907, No. 5,224, for defendant n. o. v. in case of Max Isdaner et al., copartners, trading as Isdaner, Cohen and Schmidt, v. Philadelphia and Reading Railway Company. Trespass for loss of merchandise. Before Davis, J. At the trial it appeared that on November 28, 1906, the shipping clerk of Samuel Eiseman & Company, of New York, packed ten pieces of silk in a case and gave it to James Fitzpatrick, their regular drayman, to ship by the Central Railroad of New Jersey and the Philadelphia & Reading…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action being for the value of goods lost in transit it became necessary to show that the missing *511merchandise was in the package containing it at the time it left the custody of Eiseman & Company, by whom it was shipped. The evidence offered on behalf of the plaintiffs was sufficient to show that the missing merchandise was packed with the balance of the shipment in a box secured by iron bands at the ends, and that it was delivered in this condition to a carter employed by the shipper whose duty it was to carry the package to the dock of the Central…
2Cited by3 opinions
- Beresin v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1934
- Del Gaizo Distributing Corp. v. GallagherSuperior Court of Pennsylvania · 1936
- Isdaner v. Central Railroad Co. of New JerseySuperior Court of Pennsylvania · 1916