Legal Opinion

Batteiger v. Pennsylvania Co.

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 116PublishedCited by 3 opinions

Appeal, No. 116, April T., 1916, by defendant, from judgment of 0. P. Mercer Co., Oct. T., 1913, No. 45, on verdict for plaintiff in case of C. H. Batteiger v. Pennsylvania Company. Assumpsit to compel the return of money found by plaintiff and given into the custody of the defendant. Before Holt, P. J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $85.24. Defendant appealed.

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Appeal, No. 116, April T., 1916, by defendant, from judgment of 0. P. Mercer Co., Oct. T., 1913, No. 45, on verdict for plaintiff in case of C. H. Batteiger v. Pennsylvania Company. Assumpsit to compel the return of money found by plaintiff and given into the custody of the defendant. Before Holt, P. J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $85.24. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Orlady,. P. J.,

On March 9, 1913, the plaintiff, upon entering the smoking car of a passenger train of the defendant company, noticed upon a seat he was about to occupy, a book or purse which he picked up, and believing it had been overlooked by one of. two passengers who left the train at that station, notified the conductor of the fact and handed the package to him to be delivered to the rightful owner. Not finding him before the train started, the plaintiff and conductor examined the book and found it to contain $83.23 in money, but nothing to identify *197the owner. The conductor…

2Cases cited3 opinions

  1. Hamaker v. BlanchardSupreme Court of Pennsylvania · 1879
  2. Bowen v. SullivanIndiana Supreme Court · 1878
  3. Huthmacher v. Harris's AdministratorsSupreme Court of Pennsylvania · 1861

3Cited by3 opinions

  1. Carr v. Summers, Pennsylvania Court of Common Pleas, Philadelphia County1947
  2. Abigail Jane Davis v. Brandi ButlerDelaware Court of Common Pleas · 2017
  3. Commonwealth v. Upper Main Line Bank, Pennsylvania Court of Common Pleas, Chester County1965

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