Campbell Coal & Coke Co. v. Pennsylvania Railroad

Opinion by

Me. Justice Simpson,

Plaintiff appeals from the discharge of its rule for judgment for want of a sufficient affidavit of defense. Under such circumstances “this court never reverses unless clear and controlling error plainly appears” (Maglaughlin v. Union Electric Steel Co., 276 Pa. 211, 212), and this we do not find in the present record.

Plaintiff shipped coal over the defendant railroad, the applicable tariff providing that “Upon evidence satisfactory to these [railroad] companies that coal shipped hereunder has been placed in vessels destined to places outside the Delaware Capes,…