Legal Opinion

Patterson v. Clyde

Supreme Court of Pennsylvania

Decided March 20, 1871PublishedCited by 8 opinions

Certificate from Nisi Prius: No. 83, to January Term 1867. This was an'action on .the case by Robert Patterson against Thomas Clyde and Thomas H. Pierce.

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Certificate from Nisi Prius: No. 83, to January Term 1867. This was an'action on .the case by Robert Patterson against Thomas Clyde and Thomas H. Pierce. The declaration set out that the defendants were the owners of the steamboat “ Liberty,” on the Potomac river, bound for Philadelphia, and were common carriers of goods from Alexandria on the Potomac river to Philadelphia; that the plaintiff on the 1st of January 1866, shipped at Alexandria 17 bales of cotton to be carried safely to Philadelphia; that the defendants did not safely carry the cotton nor deliver the same, but so carelessly and…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

This 'action is directly against the defendants as carriers from Alexandria to Philadelphia. The plaintiff had no connection with them except through the Orange and Alexandria Railroad Company. The defendants not being liable for or privy to the transportation over the railroad line, and the railroad company being the only shipper known by them, whatever contract was made with them by the railroad company for the shipment from Alexandria to Philadelphia^ necessarily became the contract of the plaintiff. . It is unlike the case of a contract…

2Cases cited3 opinions

  1. Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
  2. Whitesides v. RussellSupreme Court of Pennsylvania · 1844
  3. Humphreys v. ReedSupreme Court of Pennsylvania · 1841

3Cited by8 opinions

  1. Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
  2. Crary v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
  3. Needy v. Western Maryland RailroadSuperior Court of Pennsylvania · 1903
  4. Frank Bros. & Co. v. Central RailroadSuperior Court of Pennsylvania · 1898
  5. Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905

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