Appeal, No. 99, April T., 1955, from judgment of Court of Common Pleas of Mercer County, Dec. T., 1950, No. 121, in case of Southern Pacific Company v. Valley Frosted Foods Company. Judgment affirmed.
Albert E. Acker, with him Brockway, Brockway & Acker, for appellant.
Cyril T. Garvey, with him Wiesen, Cusick & Madden, for appellee.
Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 178 Pa. Super. Page 224]
We feel that the judgment of the lower court should be affirmed on the opinion of President Judge RODGERS.
In its opinion the lower court relied upon the case of Davis v. Akron Feed and Fuel Co., 296 F. 675 (C.A. 6). On May 25, 1955 an opinion was filed in the case of United States of America v. Mason & Dixon Lines, Inc., 222 F. 2d 646, by the Circuit Court of Appeals for the Sixth Circuit, in which it stated: "This opinion [referring to the Davis Case] has been criticized, but we are not convinced that we should depart from the equitable reasoning of our able and distinguished predecessors."
Our Court is of a similar opinion.
[ 178 Pa. Super. Page 218]
Assumpsit for freight charges.
The facts are stated in the opinion, by RODGERS, P.J., of the court ...