Koons v. Western Union Telegraph Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county: Of July Term 1882, No. 149. Case, by Frederick A. Koons, Gustavus Schwarz and Julius Schwarz, trading as Koons, Schwarz & Co., against the Western Union Telegraph Company, to recover damages for the alleged neglegent and erroneous transmission of a-telegraph dispatch.
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Error to the Court of Common Pleas No. 2, of Philadelphia county: Of July Term 1882, No. 149. Case, by Frederick A. Koons, Gustavus Schwarz and Julius Schwarz, trading as Koons, Schwarz & Co., against the Western Union Telegraph Company, to recover damages for the alleged neglegent and erroneous transmission of a-telegraph dispatch. Plea, not guilty. ; ' On the trial, before Hare, P. J., the following facts appeared : The plaintiffs were commission merchants doing business in Philadelphia, and were agents for the Little Creek Landing Canning Company, of Little Creek, Delaware, in selling…
1Opinion of the CourtJustice Paxson
This record presents the single question whether the court below erred in entering judgment non obstante veredicto in favor of the defendants upon the reserved points.
The plaintiffs in error allege that the reserved questions are based upon the facts submitted to the jury by the charge of the court, to the extent that this is the case the reservation is bad. There can be no such thing as reserving the question of law based upon disputed facts. It was said by Sharswood, J., in Wilde v. Trainor, 9 P.. F. S. at page 442: “ There are two rules necessary to be observed in such reservations. The…
2Cited by7 opinions
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- Scott v. DeweySuperior Court of Pennsylvania · 1903
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