Mull v. Pennsylvania Railroad

Citations

• 38 Pa. Super. 416
• 1909 Pa. Super. LEXIS 152

Syllabus

<p>Carriers — Railroads—Sale of coal — Passing of title — Demurrage.</p> <p>1. Where an owner of a coal mine sells coal to a customer and loads it on cars at the mine, and it appears that under his contract and the custom of the trade, the title to the coal immediately passes to the purchaser, the seller cannot, after the purchaser has refused to receive the coal, and after the railroad company with the consent of the purchaser has sold it for demurrage and charges for a sum less than the charges, claim to recover the contract price of the coal from the railroad company, because the latter failed to notify him of the refusal of the purchaser to take the coal.</p> <p>2. In such a case in the absence of evidence of an exercise of the right to stop the coal in transitu, the seller was not entitled to any notice.</p> <p>3. Even if he had a right he would on a waiver of the tort be entitled to only what the railroad company received over and above its charges, and as the company did not receive the amount of its charges, the seller could claim nothing.</p>