Pennsylvania Railroad v. Waverly Oil Works Co.
Superior Court of Pennsylvania
Appeal, No. 27, April T., 1914, by defendant, from order of C. P. Allegheny Co., Oct. T., 1910, No. 766, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Pennsylvania Railroad Company v. Waverly Oil Works Company. Assumpsit for demurrage. Before Davis, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 27, April T., 1914, by defendant, from order of C. P. Allegheny Co., Oct. T., 1910, No. 766, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Pennsylvania Railroad Company v. Waverly Oil Works Company. Assumpsit for demurrage. Before Davis, J. Rule for judgment for want of a sufficient affidavit of defense. The court below stated the facts to be as follows: The defendant admits that the plaintiff received, as a common carrier, certain freight in private cars of consignors; that such cars were delivered by plaintiff to defendant as…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s claim is for demurrage on ten' loaded freight cars used in intrastate transportation and delivered on the siding of the defendant. No objection is made to the reasonableness of the plaintiff’s demurrage rule as to free time and the amount charged. The defense presented in the affidavit of defense is that the cars for which the charge is made were not the property of the plaintiff company nor of any other common carrier but were the cars of private companies engaged in private enterprises and in no way engaged in business as common carriers. It is…
2Cases cited2 opinions
- Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.Court of Appeals of Kentucky · 1895
- Pennsylvania Railroad v. Midvale Steel Co.Supreme Court of Pennsylvania · 1902
3Cited by2 opinions
- Erie Railroad v. Kreitner Bros., Pennsylvania Court of Common Pleas, Wayne County1923
- Pittsburgh, C., C. & St. L. Ry. Co. v. Freedom Oil WorksDistrict Court, W.D. Pennsylvania · 1918