Forepaugh v. Del. R.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 227 January Term 1889, Sup. Ct.; court below, No. 564 March Term 1887, C. P. No. 1. On April 6, 1887, Adam Forepaugh brought case against the Delaware, Lackawanna & Western Railroad Company to recover damages for injuries to certain personal property through negligence, while being transported over a line of railroad operated by defendant company. The plea was, not guilty.
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No. 227 January Term 1889, Sup. Ct.; court below, No. 564 March Term 1887, C. P. No. 1. On April 6, 1887, Adam Forepaugh brought case against the Delaware, Lackawanna & Western Railroad Company to recover damages for injuries to certain personal property through negligence, while being transported over a line of railroad operated by defendant company. The plea was, not guilty. At the trial on October 30,1888, it was shown that on March 18, 1886, at the city of New York, a written contract was entered into between the plaintiff and the defendant company, whereby the latter undertook to…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
Plaintiff, being the proprietor of a circus, made a special *226contract with defendant for the transportation of a number of his own cars, upon certain conditions and terms, elaborately set out in writing, among which was a stipulation that in consideration that the service was to be performed “ for much less than the ordinary, usual, and legal rates charged other parties for a like amount of transportation,” the plaintiff released the defendant from all liability for or on account of loss, damage, or injury to any of the animals, property, or things thus…
2Cases cited20 opinions
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- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
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- Oceanic Steam Nav. Co. v. CorcoranCourt of Appeals for the Second Circuit · 1925
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