Clyde Coal Co. v. Pittsburg & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 111, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1904, No. 882, on verdict for «plaintiff in case of Clyde Coal Company v. Pittsburg & Lake Erie Railroad Company. Assumpsit for breach of contract to deliver cars.
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Appeal, No. 111, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1904, No. 882, on verdict for «plaintiff in case of Clyde Coal Company v. Pittsburg & Lake Erie Railroad Company. Assumpsit for breach of contract to deliver cars. Before Brown, P. J At the trial the following offer was made: Counsel for plaintiff now offer to prove by the witness on the stand and other witnesses, that early in January, 1903, the plaintiff company entered into a contract with the defendant company, through its vice president, Col. J. M. Schoonmaker, under and by. virtue of…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In 1903 and prior thereto the plaintiff company was the owner of about 1,000 acres of coal situate on the Monongahela river, in the Fifth Pool, near Fredericktown, Washington *396county. The plaintiff was operating the coal with a fully equipped mine in 1903 and had a capacity for mining and shipping 1,200 tons per day. The mine was not located upon the line of any railroad and the plaintiff had to rely entirely upon water transportation for shipping its coal. During a period of about six months in each year the plaintiff was unable, by reason of the low stage of…
2Cases cited7 opinions
- Wilson v. WernwagSupreme Court of Pennsylvania · 1907
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Hoy v. GronobleSupreme Court of Pennsylvania · 1859
- Adams Express Co. v. EgbertSupreme Court of Pennsylvania · 1860
- Wolf v. StudebakerSupreme Court of Pennsylvania · 1870
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- Dravo Contracting Co. v. James Rees & Sons Co.Supreme Court of Pennsylvania · 1927
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