Sensenig v. Pennsylvania Railroad

Citations

• 229 Pa. 168
• 78 A. 91
• 1910 Pa. LEXIS 566

Syllabus

<p>Railroads — Common carriers — Discrimination—Act of June 4, 1888, P. L. 78 — Assignments—Actions—Damages—Torts—Statutory penalties.</p> <p>1. A suit brought against a railroad to recover damages for discrimination wherein the plaintiff declares under the act of June 4, 1883, making the common carrier “hable to the party injured for damages treble the amount of injury suffered,” and by his statement of claim, and several amendments thereto, claims treble damages, is not assignable before verdict as a claim for either single or treble damages, and this is the ease whether it be regarded as an action for a statutory penalty or as an action sounding in tort for the recovery of unliquidated damages.</p> <p>2. A right of action strictly personal is not assignable, and the general doctrine is, both in law and equity, that a right of action for a pure tort is not the subject of assignment.</p>