Legal Opinion

Pennsylvania Railroad v. Whitney & Kemmerer

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 211PublishedCited by 14 opinions

Appeal, No. 211, Oct. T., 1919, by defendants, from judgment of C. P. No. 5, Phila. County, December Term, 1915, No. 174, for want of sufficient affidavit of defense in the case of Pennsylvania Railroad Company v. Mahlon S. Kemmerer, Daniel Whitney, Charles H. Jacobs and Daniel F. Connor, co-partners, trading as Whitney & Kemmerer. Assumpsit for charges of demurrage. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 211, Oct. T., 1919, by defendants, from judgment of C. P. No. 5, Phila. County, December Term, 1915, No. 174, for want of sufficient affidavit of defense in the case of Pennsylvania Railroad Company v. Mahlon S. Kemmerer, Daniel Whitney, Charles H. Jacobs and Daniel F. Connor, co-partners, trading as Whitney & Kemmerer. Assumpsit for charges of demurrage. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. The court made absolute the rule. Defendants appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Porter, J.,

This is an appeal by the defendants from an order of the learned court below making absolute a rule for judgment for want of a sufficient affidavit of defense.

The plaintiff is a common carrier engaged in the transportation of goods for hire, and the defendants were at the time of the transactions here involved engaged in the business of buying and selling coal. The statement filed by the plaintiff averred that the defendants, during the months of March, April and May, 1909, shipped several cars of coal from Kingston, Pennsylvania, to be delivered by the plaintiff to Bates…

2Cases cited6 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DettlebachSupreme Court of the United States · 1916
  2. West Jersey & Seashore R. R. v. Whiting Lumber Co.Superior Court of Pennsylvania · 1919
  3. Philadelphia & Reading Railway Co. v. BaerSuperior Court of Pennsylvania · 1914
  4. Collins & Timberlake v. Union Transportation Co.Supreme Court of Pennsylvania · 1840
  5. Baltimore & Ohio Railroad v. SamuelSuperior Court of Pennsylvania · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Philadelphia & Reading Railway Co. v. International Motor Co.Superior Court of Pennsylvania · 1924
  2. Pennsylvania Railroad v. General Crushed Stone Co.Superior Court of Pennsylvania · 1921
  3. C. & N. Rwy. Co. v. PicardSuperior Court of Pennsylvania · 1929
  4. Baltimore & Ohio R. R. v. L. B. Foster Co.Superior Court of Pennsylvania · 1923
  5. Chicago, Q.R.R. v. Berry's SonsSuperior Court of Pennsylvania · 1925

9 more not listed; retrieve them via the Exa API.

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