Tucker v. Pennsylvania Railroad

Upon this motion the point is made that the court overlooked, or failed to give proper significance to, what is claimed to be an admission by the answer of the allegation contained in the complaint, that “defendant * * * agreed to provide suitable care and conveyances for the proper and safe transportation of said lemons.” This admission in fact was “that it [defendant] is a common carrier engaged in the business of forwarding and transporting goods, and that it agrees to carry goods, etc., received by it for transportation, in a safe and careful manner.” This is merely a statement of the…