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PENNSYLVANIA R.R. CO. v. GALLAGHER

174 Pa.Super. 462 (1953)

Pennsylvania Railroad Company v. Gallagher, Appellant.

Superior Court of Pennsylvania.

December 29, 1953.

Attorney(s) appearing for the Case

Herman J. Obert, for appellants.

F. Hastings Griffin, Jr., with him William F. Zearfaus and Barnes, Dechert, Price, Myers & Rhoads, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER and WRIGHT, JJ.

OPINION BY RENO, J., December 29, 1953:

This assumpsit action was brought by the plaintiff carrier to recover freight and demurrage charges upon a railroad shipment of two motor trucks. The appeal is from the action of the court below holding the answer of defendants insufficient as a matter of law and entering judgment for plaintiff. E.A. Gallagher and Sons were the shippers and the action was instituted against the personal representatives of Edward A.

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