National Line Steamship Co. v. Smart
Supreme Court of Pennsylvania
Before Mercur, C. J., Gordox, PaxsoN, TrtjNKEy, Sterrett and Clark, JJ. GreeN, J. absent. Error to the Court of Common Pleas No. 1 of Allegheny county: Of October and November Term, 1884, No. 112. This was an action on the case by William P. D. Smart against the National Line Steamship Company, to recover the value of baggage transported by the defendant company from Liverpool to New York, and destroyed by the burning of the pier upon which the goods had been landed.
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Before Mercur, C. J., Gordox, PaxsoN, TrtjNKEy, Sterrett and Clark, JJ. GreeN, J. absent. Error to the Court of Common Pleas No. 1 of Allegheny county: Of October and November Term, 1884, No. 112. This was an action on the case by William P. D. Smart against the National Line Steamship Company, to recover the value of baggage transported by the defendant company from Liverpool to New York, and destroyed by the burning of the pier upon which the goods had been landed. The declaration contained two counts, the first of which averred that the defendants as common carriers were put in possession…
1Opinion of the CourtJustice Trunkey
delivered tbe opinion of tbe court, November 10th, 1884.
The parties agree that compensation having been paid for extra weight, the goods were carried as passsengers’ baggage and properly placed on the pier of tbe Inman Line in New York, and that they were examined in the plaintiff’s presence by the officer of customs, after wliich, at the request of the plaintiff,the defendant promised to keep them until demanded. They differ as to some of the terms of the arrangement; one alleging that on the same day the defendants were to move the goods to the National Pier, and put them under lock and…
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