Shenk v. Philadelphia Steam Propeller Co.
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 53, to July Term 1867. This was an action on the case, commenced March 26th 1866, by Benjamin E. Shenk and others, trading as Shenk, Bausman, Carpenter & Co., against The Philadelphia Steam Propeller Company.
Read the full summary
Error to the District Court of Philadelphia: No. 53, to July Term 1867. This was an action on the case, commenced March 26th 1866, by Benjamin E. Shenk and others, trading as Shenk, Bausman, Carpenter & Co., against The Philadelphia Steam Propeller Company. The declaration averred that the defendants were common carriers by steamboats, between New York and Philadelphia; that the plaintiffs delivered to them 126 bales of cotton to be safely carried from New York to Philadelphia, there to be delivered to the plaintiffs; that the defendants did not safely carry the cotton to Philadelphia, and…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— It is unnecessary to consider whether the plaintiffs in error would have been liable for the loss of the cotton for which the action was brought, if their undertaking had been to forward it from the terminus of their own route to some other ultimate point of destination.
By the bills of lading the place of delivery was expressed to be “ at their office in Philadelphia.” The words inserted “ to Bitner & Bro., Lancaster, Pa., care of B. Bro., 1015 Market St., Philada.,” as in the bill of November 8th 1865, or “to Bitner & Bro., Lancaster,…
2Cases cited6 opinions
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Powell v. MyersNew York Supreme Court · 1841
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Hemphill v. ChenieSupreme Court of Pennsylvania · 1843
- Eagle v. WhiteSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wernwag & Dawson v. Phil., W. & B. R. Co.Supreme Court of Pennsylvania · 1887
- Freedman v. Geo. W. Bush & Sons Co.Supreme Court of Pennsylvania · 1925
- Mallory S. S. Co. v. G. A. Bahn Diamond & Optical Co.Court of Appeals of Texas · 1912
- Ridgway Grain Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Sheehan v. American Railway Express Co.Superior Court of Pennsylvania · 1927
7 more not listed; retrieve them via the Exa API.