Empire Transportation Co. v. Wallace
Supreme Court of Pennsylvania
March 30th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Warren county: No. 347, to January Term 1871. This was an action of assumpsit, commenced July 24th 1868, by Alexander Wallace against the Empire Transportation Company, for damages on account of the company defendants having failed to deliver a quantity of petroleum according to the contract in three bills of lading, one for 118 barrels,…
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March 30th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Warren county: No. 347, to January Term 1871. This was an action of assumpsit, commenced July 24th 1868, by Alexander Wallace against the Empire Transportation Company, for damages on account of the company defendants having failed to deliver a quantity of petroleum according to the contract in three bills of lading, one for 118 barrels, one for 58 barrels and one for 60 barrels. The bills of lading were similar. The first was :— “ Received, Irvineton,…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
It is well settled elementary law, that in the absence of any special contract the obligation of a carrier of goods is to transport them by the usual route proposed by him to the public, and to deliver them within a reasonable time. This rule applies as well where he confines his undertaking to the route of his own carriage as where he extends it to forward goods to points beyond. He must use reasonable expedition, but is- not bound to extraordinary exertions or to incur extra expense-in order to surmount obstacles not caused by his own…
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