PENNEYS v. PA. RAILROAD CO.


408 Pa. 276 (1962)

Penneys v. Pennsylvania Railroad Company, Appellant.

Supreme Court of Pennsylvania.

July 31, 1962.


Attorney(s) appearing for the Case

F. Hastings Griffin, Jr., with him Thomas C. McGrath, Jr., and Dechert, Price & Rhoads, for appellant.

Harry R. Kozart, with him Charles A. Rothman, and Thomas Z. Minehart, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE O'BRIEN, July 31, 1962:

On March 15, 1950, appellees opened a railroad car containing certain textile machinery which they had purchased in Los Angeles and caused to be shipped by rail to them in Philadelphia. The opening of the car revealed machinery damaged beyond repair and of no value except for salvage. To recover this loss, appellees instituted an action of assumpsit against appellant, the delivering carrier. The jury trial, which commenced...

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