A. B. & J. Schaeffer v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 8, Jan. T., 1895, by-defendant, from judgment of C. P. Berks Co., Sept. T., 1891, No. 5, on verdict for plaintiffs. Trespass to recover damages for injuries to mules. Before Endlich, J. At the trial it appeared that on Oct. 6, 1890, Wills and Gar nett, of Cynthiana, Kentucky, shipped to the plaintiffs at Fleet-wood, Berks county, Pa., a carload of forty-two mules and four horse colts.
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Appeal, No. 8, Jan. T., 1895, by-defendant, from judgment of C. P. Berks Co., Sept. T., 1891, No. 5, on verdict for plaintiffs. Trespass to recover damages for injuries to mules. Before Endlich, J. At the trial it appeared that on Oct. 6, 1890, Wills and Gar nett, of Cynthiana, Kentucky, shipped to the plaintiffs at Fleet-wood, Berks county, Pa., a carload of forty-two mules and four horse colts. The route was over the Kentuclry Central Railroad to Cincinnati, over the Pennsylvania Railroad from Cincinnati to Harrisburg, and over the defendant railroad from Plarrisburg to Fleetwood. The…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Whether the plaintiffs’ mules, which were injured while being carried in a car on the defendant’s road, had been shipped under a special contract restricting the defendant’s liability as a carrier was a question in dispute at the trial. As the action *213was founded upon the common law liability of a carrier the burden of proof as to any limitation thereof rested with the defendant, and unless it was admitted or clearly established by proof the question was necessarily for the jury. That the preponderance of evidence was in favor of such a limitation would not have…
2Cases cited5 opinions
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- American Express Co. v. SandsSupreme Court of Pennsylvania · 1867
- Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Phœnix Pot Works v. Pittsb. Etc. R.Supreme Court of Pennsylvania · 1891
3Cited by18 opinions
- King v. Darlington Brick & Mining Co.Supreme Court of Pennsylvania · 1925
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- Magyar v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1928
- S. L. S. F. R. R. Co. v. BrosiusCourt of Appeals of Texas · 1907
- Leh v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1906
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