Pennsylvania Railroad v. Miller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 63. Case by Thomas N. Miller and wife against the Pennsylvania Railroad Company for injury to a carriage of plaintiff, which, it was alleged, was occasioned by defendants’ negligence. At the trial before Ewing, P. J., it appeared that Mrs. Miller purchased a carriage in New York, which was delivered to the defendant at Jersey City, consigned to T. N. Miller, at Pittsburgh.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1878, No. 63. Case by Thomas N. Miller and wife against the Pennsylvania Railroad Company for injury to a carriage of plaintiff, which, it was alleged, was occasioned by defendants’ negligence. At the trial before Ewing, P. J., it appeared that Mrs. Miller purchased a carriage in New York, which was delivered to the defendant at Jersey City, consigned to T. N. Miller, at Pittsburgh. When the carriage was delivered a bill of lading was given by defendants, which provided that except when their agents…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The fact was clear on the trial that the railroad company not only failed to give the plaintiffs any account of the fire, how, when and where it had occurred, but compelled the husband to go in search of the information himself, causing him trouble and expense. They therefore rested their case upon a fact clearly made out, which could be repelled only by satisfactory evidence on part of the company. But the giving of evidence by the defend*399ant, did not ipso facto repel the presumption of negligence. It was a question for the jury whether the…
3Cited by8 opinions
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
- Colorado Springs & Interurban Railway Co. v. ReeseSupreme Court of Colorado · 1917
- Crary v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
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