Robb v. American Railway Express Co.
Superior Court of Pennsylvania
Appeal, No. 83, Oct. T., 1921, by defendant, from judgment of O. P. No. 3, Pbila. Co., Sept. T., 1919, No. 4054, on verdict for plaintiff in tbe case of George W. Robb v. American Railway Express Company. Trespass to recover damages for value of shipment not delivered by carrier. Before McMichael, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court.
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Appeal, No. 83, Oct. T., 1921, by defendant, from judgment of O. P. No. 3, Pbila. Co., Sept. T., 1919, No. 4054, on verdict for plaintiff in tbe case of George W. Robb v. American Railway Express Company. Trespass to recover damages for value of shipment not delivered by carrier. Before McMichael, P. J. Tbe facts are stated in tbe opinion of tbe Superior Court. Verdict for plaintiff in tbe sum of $194.08. Subsequently by direction of tbe court, tbe plaintiff filed a remittitur for all over $106.58 and judgment was entered thereon. Defendant appealed. Error assigned was refusal to enter…
1Opinion of the Court
Opinion by
Keller, J.,
The only assignment of error filed is to the refusal of the court below to enter judgment for the defendant non obstante veredicto, but the appellant urges a reversal of the judgment on two grounds: (1) That there was no evidence of delivery of the goods to the carrier; (2) That the plaintiff, the consignor, could not maintain the action. We will discuss them in that order.(1) The evidence in support of a delivery to the carrier was that a m.an wearing the cap and badge of the defendant company called at plaintiff’s place of business, receipted for the shipments in…
2Cases cited8 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Lloyd v. HaughSupreme Court of Pennsylvania · 1909
- Buck v. Quaker City Cab Co.Superior Court of Pennsylvania · 1921
- Abrams v. PlattAppellate Terms of the Supreme Court of New York · 1898
- Steamboat Co. v. Atkins & Co.Supreme Court of Pennsylvania · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Automated Donut Systems, Inc. v. Consolidated Rail Corp.Massachusetts Appeals Court · 1981
- Tentzer v. Reading CompanySuperior Court of Pennsylvania · 1930
- Newth-Morris Box Corp. Ex Rel. Automobile Insurance v. Pennsylvania RailroadCourt of Appeals of Maryland · 1951
- Baron v. Woskobijnyk, Pennsylvania Court of Common Pleas, Montgomery County1961
- Caps v. American Railway Express, Pennsylvania Court of Common Pleas, Philadelphia County1922
2 more not listed; retrieve them via the Exa API.