20 Pa. Super. 628
Superior Court of Pennsylvania
Decided July 10, 1902
Superior Court of Pennsylvania · decided 1902-07-10
<p>Appeal, No. 135, April T., 1902, by the Baltimore & Ohio Railroad Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 100, on verdict for plaintiff in case of David V. Ault and Etura K. Ault, his Wife, v. John K. Cowan and Oscar G. Murray, Receivers of the Baltimore & Ohio Railroad Company, and the Baltimore & Ohio Railroad Company.</p> <p>Trespass to recover damages for personal injuries. See previous case, Ault v. Cowan (No. 1).</p> <p>Verdict and judgment for plaintiff. The Baltimore & Ohio Railroad Company appealed.</p> <p>Error assigned was in entering judgment against the Baltimore & Ohio Railroad Company.</p>
Reversed · Decided 1902-07-10
¶1Opinion by
¶2This judgment must be reversed for the reason that the defendant was never served, and did not appear, nor was it intended by the plaintiffs that the judgment should be entered against the Baltimore & Ohio Railroad Company. It was not in court, and the claim of the plaintiffs was against the receivers only.
¶3Judgment is reversed.