Seaboard Air Line Railway v. Phillips
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Niles, J.) Plaintiff's 1st Prayer. — The jury are instructed that if the jury find for the plaintiff, then in assessing damages, they may allow the plaintiff the value of the goods shipped to Atlanta (as described in the testimony), on the twenty-seventh of October, 1905; with interest in the discretion of the jury, from that date to the date of their verdict.
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Appeal from the Superior Court of Baltimore City (Niles, J.) Plaintiff's 1st Prayer. — The jury are instructed that if the jury find for the plaintiff, then in assessing damages, they may allow the plaintiff the value of the goods shipped to Atlanta (as described in the testimony), on the twenty-seventh of October, 1905; with interest in the discretion of the jury, from that date to the date of their verdict. (Granted.) Defendant's 1st Pi ayer. — That the plaintiff has offered no evidence legally sufficient under the pleadings in this case to entitle him to recover and their verdict must be…
1Opinion of the CourtSchmucker, J.
On September 27th, 1905, the appellee, Samuel Phillips, shipped from Baltimore to Atlanta, Georgia, two cases of clothing via the Merchants and Miners Transportation Company and the Seaboard Air Line Railway. He took for the goods at the time of their shipment an “order notify” bill of lading to his own order containing directions to notify L. Pfeiffer & Sons, Atlanta, Ga. The bill on its .face stated that it was non-negotiable and it provided that its surrender,properly endorsed should be .required before the delivery of the goods at their destination. It further provided that the goods, if…
2Cases cited15 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Stirling v. GarriteeCourt of Appeals of Maryland · 1862
- Sparks v. PurdySupreme Court of Missouri · 1847
- Stillwell v. FarewellSupreme Court of Vermont · 1891
- Hepburn v. SewellCourt of Appeals of Maryland · 1821
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3Cited by9 opinions
- I. W. Berman Properties v. Porter Bros.Court of Appeals of Maryland · 1975
- Louisville & Nashville Railroad v. United States Fidelity & Guaranty Co.Tennessee Supreme Court · 1911
- Taylor v. WahbyCourt of Appeals of Maryland · 1974
- Robert C. Herd & Co. v. Krawill Machinery Corp.Court of Appeals for the Fourth Circuit · 1958
- Western Maryland Dairy, Inc. v. Maryland Wrecking & Equipment Co.Court of Appeals of Maryland · 1924
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