Lake Shore & Michigan Southern Railway Co. v. Hodapp
Supreme Court of Pennsylvania
Error to the Court of Common, Pleas of Mrie county: Of October and November Term 1875, No 134. Assumpsit by Leopold Hodapp against the Lake Shore and Michigan Southern Railway Company, to recover the value of a chest or box delivered to the defendant as a common carrier, which the plaintiff alleged was lost by reason of- a want of ordinary care on the part of defendant.
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Error to the Court of Common, Pleas of Mrie county: Of October and November Term 1875, No 134. Assumpsit by Leopold Hodapp against the Lake Shore and Michigan Southern Railway Company, to recover the value of a chest or box delivered to the defendant as a common carrier, which the plaintiff alleged was lost by reason of- a want of ordinary care on the part of defendant. On the trial it appeared that the wife of plaintiff, about the 10th of September 1870, took the box to an a'gent of the defendant in New York, and delivered it to him to be forwarded to Erie, Pennsylvania, giving to him, for…
1Opinion of the CourtJustice Gordon
*24We have examined this ease with care and find no error, except in that part of the charge where the court say, “ This is a question of ordinary care, and, taking all the circumstances together, we are not clear upon this point, but we will, for the purpose of this suit, charge you that the delivery to the wrong person, was a want of ordinary care and at the risk of the defendant.” This would be correct had the directions on the box been such that by the exercise of ordinary care the agents of the defendant might have known they were making a wrong delivery in committing it to the care of the…
2Cited by5 opinions
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- Fineberg v. American Express Co.Superior Court of Pennsylvania · 1919
- Pennsylvania Railroad v. SamuelSuperior Court of Pennsylvania · 1911
- Williams-Richardson Co. v. New Orleans N.E.R. Co.Supreme Court of Louisiana · 1927