Coxe v. Heisley
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an action on the case by John R. Coxe v. John Heisley, to recover damages for injury from water done to his household furniture, books, &c., while being taken by defendant in a canal-boat from Williamsport to Philadelphia, in the spring of 1849. The defendant was charged as a common carrier, for carrying the goods in a leaky boat, and for carelessness. Plea, not guilty.
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Error to the Common Pleas of Lycoming county. This was an action on the case by John R. Coxe v. John Heisley, to recover damages for injury from water done to his household furniture, books, &c., while being taken by defendant in a canal-boat from Williamsport to Philadelphia, in the spring of 1849. The defendant was charged as a common carrier, for carrying the goods in a leaky boat, and for carelessness. Plea, not guilty. The plaintiff produced a receipt by defendant for the goods. It contained no exception or limitation of responsibility. It was a mere receipt for the goods. Endorsed, was…
1Opinion of the Court
The opinion of the Court, filéd was delivered by
Place, C. J.
The defendant, a common carrier, received certain goods of the plaintiff on a canal-boat at Williamsport, to be delivered at Philadelphia. They were damaged on the way, and this suit is brought to recover for the injury. The defence was, that by a custom on the canal, carriers are not bound to make good any loss which may happen to goods which they are intrusted with, if such loss results from the dangers of the navigation, from fire, or from unavoidable accident; and this injury to the goods in question, it is alleged, was produced…
2Cases cited3 opinions
- Stoever v. Lessee of WhitmanSupreme Court of Pennsylvania · 1814
- Snowden v. WarderSupreme Court of Pennsylvania · 1831
- Jordan v. MeredithSupreme Court of Pennsylvania · 1801
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- In Re PorterOregon Supreme Court · 1995
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