Legal Opinion

Fern v. Adams Express Co.

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 196Published

Appeal, No. 196, Oct. T., 1911, by defendant, from judgment of C. P. No. 2, Pbila. Co., June T., 1910, No. 362, on verdict for plaintiff in case of Thomas Fern v. Adams Express Company. Case stated to determine the liability of an express company, for the loss of goods.

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Appeal, No. 196, Oct. T., 1911, by defendant, from judgment of C. P. No. 2, Pbila. Co., June T., 1910, No. 362, on verdict for plaintiff in case of Thomas Fern v. Adams Express Company. Case stated to determine the liability of an express company, for the loss of goods. Before Sulzberger, P. J. The bill of lading under which the goods were shipped was as follows: The Company’s charge is based upon the value of the property, which must be declared by the shipper. isoA ADAMS EXPRESS COMPANY (NON-NEGOTIABLE BILL OF LADING) PHILADELPHIA, PA. r/isiisos i9q Received from.....!®s0.__ 0ne pfcg-_…

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff wishing to send a package of merchandise to a customer in California delivered it to the defendant and received from the latter a bill of lading and shipping receipt, a part of which is in the form following:

“Philadelphia, Pa.

7-13-1909 190 . Received from 1230

One pkg. . Valued at $

Marked Morton Castor

Ocean Park, Calif.

“Which the Company agrees to carry upon the following terms and conditions, to which the shipper agrees, and as evidence thereof, accepts this bill of lading.”

One of the provisions of the bill of lading is that the shipper agrees that the…

2Cases cited8 opinions

  1. Laing v. ColderSupreme Court of Pennsylvania · 1848
  2. Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
  3. Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
  4. American Express Co. v. SandsSupreme Court of Pennsylvania · 1867
  5. Crary v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902

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