Pittsburgh & Connellsville R. R. v. Shaw

Citations

• 2 Monag. 561
• 14 A. 323
• 1888 Pa. LEXIS 780

Syllabus

<p>A railroad company, by agreement under seal, entered into a contract to build a telegraph line for a telegraph company, from Uniontown to Connellsville, and to open a telegraph office for commercial business at Uniontown, in consideration of receiving all moneys collected for commercial messages at Uniontown to pass over any line owned or controlled by the telegraph company. The railroad company then entered into a contract under seal with the plaintiff, whereby the latter agreed to build the line in consideration of one-half of the earnings, subject to the contract with the telegraph company. Plaintiff built the line and was paid under this contract up to a certain time, when the railroad company excluded commercial business from its line. In an action of covenant for damages on account of the failure of the railroad company to continue commercial business, the defendant alleged, as a reason for discontinuing the business, that another telegraph company had purchased the telegraph company’s line, and established another office in Uniontown ; and that, in any event, recovery could be had only for moneys collected at the Uniontown office.</p> <p>Held,, that plaintiff was entitled to recover one-half of what the evidence showed would have probably been received by the company, at Uniontown and other offices between there and Connéllsville, had it continued the commercial business.</p> <p>In such an action, the railroad cannot set up that the contract to maintain a telegraph line was ultra vires, as a defence to the action.</p> <p>Where the rights of the parties have not been affected by the mistake of the prothonotary in entering judgment on report of referee before the time was up for filing exceptions, under the Act of May 14, 1874, the supreme court will not reverse for such mistake. The necessary amendment changing the time of entry can be made in the lower court at any time, if deemed material.</p>