Gastwirth v. P. Mashbitz & Sons, Inc.

Opinion by

Mr. Justice O’Brien,

Gastwirth Bros, delivered to the defendant-appellant, P. Mashbitz & Sons, Inc., cartons containing children’s coats with a wholesale value of $10,687.50. The defendant-appellant is a common carrier authorized to make local deliveries in the Philadelphia County area and to deliver to other carriers for transport to other parts of the Commonwealth and elsewhere. At some point prior to delivery at the intended destinations, the goods delivered to Mashbitz disappeared.

Gastwirth sued Mashbitz in assumpsit seeking damages for the loss of the shipped merchandise. A…