Verner v. Sweitzer
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on the case by Max Sweitzer against James Yerner, Thomas Holmes, N. R. Holmes, and James A. McKnight, trading as McKnight, Holmes & Co., for the loss of a trunk of merchandise intrusted to them as common carriers. In the first count of the declaration they were charged as common carriers; in the second as bailees for hire.
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Error to the District Court of Allegheny county. This was an action on the case by Max Sweitzer against James Yerner, Thomas Holmes, N. R. Holmes, and James A. McKnight, trading as McKnight, Holmes & Co., for the loss of a trunk of merchandise intrusted to them as common carriers. In the first count of the declaration they were charged as common carriers; in the second as bailees for hire. On the 18th December 1856, Henry Heidegger was a passenger on the Pennsylvania Railroad from Harrisburg to Pittsburgh. He had with him two trunks, belonging to the plaintiff, one of which was filled with…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
There are two kinds of carriers for hire recognised by law. The one, designated as private, the other, public or common carriers. The former are bound to use ordinary diligence, that is, such diligence, as every prudent man usually takes of his own goods under the like circumstances, and are consequently only responsible for losses resulting from ordinary negligence. The latter are in general liable to answer for all losses, except those occasioned by the act of God, or of the public enemies. This responsibility, imposed by law upon common…
2Cases cited5 opinions
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
- Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
- Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
- Gordon v. HutchinsonSupreme Court of Pennsylvania · 1841
- Harrington v. M'ShaneSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Lloyd v. HaughSupreme Court of Pennsylvania · 1909
- Cutler Corp. v. LatshawSupreme Court of Pennsylvania · 1953
- Sheehan v. American Railway Express Co.Superior Court of Pennsylvania · 1927
- Tennessee Coach Co. v. CarterCourt of Appeals of Tennessee · 1943
- Mayer v. Yellow Cab Co.Pennylvania Municipal Court, Philadelphia County · 1931
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