Penneys v. Pennsylvania Railroad Company
1962.PA.40530; 183 A.2D 544, 408 PA. 276
Commonwealth Court of Pennsylvania
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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 on October 23, 1953, resulted in a disagreement among the jurors, whereupon, by stipulation of counsel, it was agreed that the matter be disposed of by the trial judge on the record as if there had been a waiver of a jury trial. On August 9, 1960, nearly seven years later, the trial judge handed down his adjudication wherein he found for appellees in the amount of $21,725, less $2,000 for salvage, leaving $19,725, to which was added interest at 6% per annum from March 15, 1950, in the amount of $12,229.48, making a total of $31,954.48. Appellants exceptions to the adjudication were dismissed by the court en banc and judgment was entered for appellees against appellant in the amount of $31,954.48. It is from the entry of that judgment that appellant prosecutes the instant appeal.
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- Category: Law
- Published: 31 July 1962
- Publisher: LawApp Publishers
- Print Length: 5 Pages
- Language: English