Legal Opinion

Sensenig v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided July 1, 1910No. Appeal, No. 187PublishedCited by 42 opinions

Appeal, No. 187, Jan. T., 1909, by use plaintiff, from order of C. P. Lancaster Co., Aug. Term, 1897, No. 31, making absolute rule to strike his name from record in case of Levi Sensenig, to the use of Daniel H. Sensenig, v. The Pennsylvania Railroad Company. Rule to show cause why the name of the use plaintiff should not be stricken from the record. Before Hassler, J. The facts appear in the opinion of the Supreme Court. The court made the rule absolute.

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Appeal, No. 187, Jan. T., 1909, by use plaintiff, from order of C. P. Lancaster Co., Aug. Term, 1897, No. 31, making absolute rule to strike his name from record in case of Levi Sensenig, to the use of Daniel H. Sensenig, v. The Pennsylvania Railroad Company. Rule to show cause why the name of the use plaintiff should not be stricken from the record. Before Hassler, J. The facts appear in the opinion of the Supreme Court. The court made the rule absolute. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

Levi Sensenig brought this action under the Act of June 4, 1883, P. L. 72, to recover damages for discrimination against him in freight charges upon cattle shipped by him. In the statement originally filed he claimed to recover treble damages. He seemed not to be sure of his ground, and filed three amendments to his statement, in the last of which he averred damages to his business as proprietor of. a ‘stock yard by the rebates given a competitor, Stewart, and claimed damages in the sum of *171$24,432, without referring to the act of June 4, 1883, or stating that his…

2Cases cited3 opinions

  1. Marsh v. Western New York & Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1903
  2. Osborn v. First National BankSupreme Court of Pennsylvania · 1893
  3. Osborn v. First National BankSupreme Court of Pennsylvania · 1896

3Cited by42 opinions

  1. Gray v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1966
  2. Hedlund Manufacturing Co. v. Weiser, Stapler & SpivakSupreme Court of Pennsylvania · 1988
  3. Tugboat Indian Co. v. A/S Ivarans RederiSupreme Court of Pennsylvania · 1939
  4. Meisel v. LittleSupreme Court of Pennsylvania · 1962
  5. DiGIROLAMO v. ApanavageSupreme Court of Pennsylvania · 1973

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