Pennsylvania Railroad v. Berry
Supreme Court of Pennsylvania
March 28th 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: Of January Term 1871. E. H. Berry brought an action of assumpsit against The Pennsylvania Railroad Company (which is lessee of the Philadelphia and Erie Railroad), for the loss of household goods stolen from a car in which they had been placed for transportation from the town of Warren to Tidioute.
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March 28th 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: Of January Term 1871. E. H. Berry brought an action of assumpsit against The Pennsylvania Railroad Company (which is lessee of the Philadelphia and Erie Railroad), for the loss of household goods stolen from a car in which they had been placed for transportation from the town of Warren to Tidioute. The writ was issued November 20th 1868, and the case was tried, September 13th 1870, before Johnson, P. J. The goods lost, with their value, as…
1Opinion of the Court
The opinion of the court was delivered,
by A&new, J.
In view of the evidence certified to us by the judge who tried this cause, his charge was not entirely free from error. A carrier may bind himself to transport goods beyond the terminus of his own route and thus become responsible for the default of those he employs to carry the remainder of the distance, as we decided in Balt. & Philad. Railroad Co. v. Brown, 4 P. F. Smith 77; but the proof of the contract should be clear. Especially should this be the rule when the alleged contract would contradict the papers accompanying the transaction.…
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