Quinn v. Pennsylvania Railroad

Supreme Court of Pennsylvania June 25, 1907

Quinn v. Pennsylvania Railroad, 219 Pa. 24 (Pa. 1907)

67 A. 949; 1907 Pa. LEXIS 596

Brown, Elkin, Fell, Potter, Stewart

Opinion of the Court

Opinion by

Mr. Justice Brown,

Error was committed in making this order, but we cannot now correct it. The order was an interlocutory one, and the appeal from it must be quashed: Logan et al. v. Pennsylvania Railroad Co., 132 Pa. 403. For refusal to comply with it the penalty will not be attachment for contempt, but the statutory one of judgment by default for the plaintiff. Until such judgment .is taken the defendant cannot be harmed by the court’s order to produce the daily distribution sheets. If it should be. taken, on appeal from it, in reversing it, our reasons will be given -why the order should not have been made.

Appeal quashed.

Reference

Full Case Name: Quinn v. Pennsylvania Railroad Company
Cited By: 6 cases
Status: Published
Syllabus: Appeals — Interlocutory order — Quashing appeal — Production of books and papers — Act of February 27, 1798, 3 Sm. L. 303. Where in an action against a railroad company to recover treble damages for an alleged illegal discrimination in the distribution of cars among shippers, an order is made making absolute a rule on the defendant to produce distribution sheets, and the defendant takes an appeal before the plaintiff enters a judgment against the defendant by default, as provided by the Act of February 27, 1798, 3 Sm. L. 303, the appeal will be quashed, inasmuch as such an order is interlocutory.