Jenks v. Fulmer

Citations

• 160 Pa. 527
• 28 A. 841
• 1894 Pa. LEXIS 842

Syllabus

<p>Stoppage in transitu — Common carrier — Execution—Liability of sheriff —Trespass.</p> <p>Plaintiff sold merchandise to one Price living in a distant town. Before the goods reached their destination Price failed, confessed judgment, and all his property was levied upon by the sheriff. Plaintiff then notified the railroad company to stop the goods. Some days after the goods had arrived at the freight station in the town of their destination, a local express-man who had access to the station loaded them on his wagon without any special order from Price, or consent of the railroad company, and without paying the freight, and took them to Price’s store, depositing them on the pavement. Price refused to receive them, and pursuant to his direction they were taken back to the station by the expressman. Afterwards the sheriff levied on them at the station, and sold them as Price’s property. Held, that the sheriff was liable in damages to the plaintiff.</p>