Bast v. Platt
Superior Court of Pennsylvania
Appeal, No. 65, Oct. T., 1913, by defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1912, No. 4,110, on verdict for plaintiff in case of Amanda W. Bast to the use of the Hoover & Smith Company v. Edward T. Platt; as Treasurer of the United States Express Company, a Joint Stock Association, under the laws of the State of New York. Assumpsit to recover the value of a package of rings. Before Heydt, P. J., specially presiding.
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Appeal, No. 65, Oct. T., 1913, by defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1912, No. 4,110, on verdict for plaintiff in case of Amanda W. Bast to the use of the Hoover & Smith Company v. Edward T. Platt; as Treasurer of the United States Express Company, a Joint Stock Association, under the laws of the State of New York. Assumpsit to recover the value of a package of rings. Before Heydt, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Plaintiff presented the following point: 1. In Pennsylvania a carrier of goods cannot contract…
1Opinion of the Court
Opinion by
Head, J.,
The defendant is a common carrier engaged in doing business in the state of Pennsylvania. The action is assumpsit to recover damages for an alleged negligent breach by the defendant of its contract or undertaking to safely carry the plaintiff’s goods. The consignor and consignee of the shipment are both residents of Pennsylvania. The contract or obligation to carry arose in this state. It was to be fully performed within its limits. The alleged breach of the contract or duty occurred here. Under such circumstances, it appears to us to be plain that the rights of the…
2Cases cited1 opinion
- Caldwell v. United States Express Co.Superior Court of Pennsylvania · 1908