Brooke v. New York, Lake Erie, & Western R. R.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county: Of July Term 1884, No. 84. Case stated, wherein Nathan Brooke and James H. Harper, trading as Brooke & Harper, to the use of said Brooke and Edward II. Pugh, trading as Brooke & Pugh, were plaintiffs, and the New York, Lake Erie, and Western R. R. Co., were defendants.
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Error to the Court of Common Pleas No. 2, of Philadelphia county: Of July Term 1884, No. 84. Case stated, wherein Nathan Brooke and James H. Harper, trading as Brooke & Harper, to the use of said Brooke and Edward II. Pugh, trading as Brooke & Pugh, were plaintiffs, and the New York, Lake Erie, and Western R. R. Co., were defendants. The following facts appeared Lorn the case stated: The plaintiffs, Brooke & Harper, were grain commission merchants, in Philadelphia, prior to February 1st, 1881, on which day the firm was dissolved, Harper retiring, and Brooke being the liquidating partner.…
1Opinion of the CourtJustice Steekett
The facts upon which the judgment of the court below is based, are all embodied in the case stated, and therefore it is' unnecessary to repeat them: Iir substance, however, the controlling facts are these. Defendant is a common. carrier corporation, and, at one of its stations in the state of New York, had in its employ P. J. Weiss as shipping clerk, duly authorized to issue bills of lading for goods delivered to the company for shipment over its line. Plaintiffs, as commission merchants in Philadelphia, received over, defendant’s road, from F. Q. Williams, of Batavia, New York, several…
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