Bessemer & Lake Erie Railroad v. Ford Collieries Co.
Supreme Court of Pennsylvania
Appeal, No. 64, Oct. T., 1921, by plaintiff, from judgment of C. P. Butler Co., June T., 1912, No. 1, for plaintiff, on ease tried by the court without a jury, in suit of Bessemer & Lake Erie Railroad Co. v. Ford Collieries Co. Assumpsit for demurrage. Before Reiber, P. J. Judgment for defendant, on case tried by court without a jury. Plaintiff appealed. Error assigned, inter alia, was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Conneaut Harbor, Ohio, a terminus of plaintiff’s railroad, is situated on Lake Erie at the point where Conneaut Creek flows into the lake. The topography of the country is such that plaintiff had there only a track capacity for 800 cars, while 1,200 to 1,300 cars are loaded and unloaded each day, except Sunday; but at Albion, on the hill above the harbor and at a distance of about 14 miles therefrom, it has large storage yards, normally sufficient to take care of all the cars consigned to the *169harbor for trans-shipment. It also has other and more distant storage…
2Cases cited4 opinions
- Buehler v. United States Fashion Plate Co.Supreme Court of Pennsylvania · 1921
- Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1906
- Gillespie v. Pennsylvania Co.Supreme Court of Pennsylvania · 1922
- Pinkney v. Erie R. R.Supreme Court of Pennsylvania · 1920
3Cited by4 opinions
- Baltimore & Ohio R. R. v. L. B. Foster Co.Superior Court of Pennsylvania · 1923
- Clark v. ClarkPennylvania Municipal Court, Philadelphia County · 1932
- Joseph Hoover & Sons Co. v. Corbin & Bodine, Inc.Superior Court of Pennsylvania · 1923
- Long Island Railroad v. Keystone Iron & Metal Co., Pennsylvania Court of Common Pleas, Philadelphia County1924