Buck v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 41, Jan. T., 1892, from judgment of C. P. Clearfield Co., Sept. T., 1890, No. 356, on verdict for plaintiffs, in assumpsit for the value of goods damaged in transitu. On the trial, before Krebs, P. J., the evidence was to the effect that Orr, Painter & Co. had shipped to plaintiffs, from Reading, by defendant company, six stoves, among other things.
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Appeal, No. 41, Jan. T., 1892, from judgment of C. P. Clearfield Co., Sept. T., 1890, No. 356, on verdict for plaintiffs, in assumpsit for the value of goods damaged in transitu. On the trial, before Krebs, P. J., the evidence was to the effect that Orr, Painter & Co. had shipped to plaintiffs, from Reading, by defendant company, six stoves, among other things. The shipment was made under a general release which stipulated that, because of the fragile character of the goods, and, in consideration of the reduced rate, the carrier was released from liability for loss or damage by…
1Opinion of the Court
Opinion by
Mb. Justice Green,
In the main the learned court below correctly instructed the jury as to the law of the case, and in certain portions of the charge the question of the defendant’s negligence was apparently left to the jury on the whole testimony affecting that subject. The complaint, however, of the defendant is that in certain other portions of the charge the jury were wrongly instructed as to the burden of proof, and were told that unless the defendant proved just how the injury to the stoves was inflicted a conclusive presumption of negligence arose, “ and the defendant must be…
2Cases cited6 opinions
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
- American Express Co. v. SandsSupreme Court of Pennsylvania · 1867
- Patterson v. ClydeSupreme Court of Pennsylvania · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- A. B. & J. Schaeffer v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
- Menner v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1898
- Crary v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1902
- Needy v. Western Maryland RailroadSuperior Court of Pennsylvania · 1903
- Wray, Moore & Co. v. American Ry. Ex. Co.Superior Court of Pennsylvania · 1921
12 more not listed; retrieve them via the Exa API.