Trexler v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 63, Oct. T., 1904, by-plaintiffs, from judgment of C. P. Bedford Co., April T., 1902, No. 234, on verdict for plaintiff in case of J. F. Trexler and John L. Trexler, trading as Trexler Brothers & Co., v. Baltimore & Ohio Railroad Company. Trespass to recover damages for the loss of a horse. Before Woods, P. J. The facts appear by the opinion of the Superior Court and by the report of Trexler v. Baltimore & Ohio Railroad Company, No. 1, supra.
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Appeal, No. 63, Oct. T., 1904, by-plaintiffs, from judgment of C. P. Bedford Co., April T., 1902, No. 234, on verdict for plaintiff in case of J. F. Trexler and John L. Trexler, trading as Trexler Brothers & Co., v. Baltimore & Ohio Railroad Company. Trespass to recover damages for the loss of a horse. Before Woods, P. J. The facts appear by the opinion of the Superior Court and by the report of Trexler v. Baltimore & Ohio Railroad Company, No. 1, supra. The court charged in part as follows: [If you find from the evidence that the accident was caused by the carelessness of the defendant…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is the plaintiff’s appeal from the same judgment from which the defendant’s appeal was taken in which we herewith *213file an opinion. Where a contract containing a stipulation limiting liability for negligence on the part of a common carrier is made in one state, but with a view to its performance, by transportation through or into one or more other states, it should be construed in accordance with the law of the state where its negligent breach causing injury occurs: Hughes v. Penna. R. R. Co., 202 Pa. 222. It is conceded that this rule is applicable to this case, and…
2Cases cited17 opinions
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Farnham v. Camden & Amboy RailroadSupreme Court of Pennsylvania · 1867
- First National Bank v. GrahamSupreme Court of Pennsylvania · 1875
- Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Bosley v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1904
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3Cited by5 opinions
- Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937
- Ridge v. Erie Railroad Co.Superior Court of Pennsylvania · 1913
- Taylor v. Adams Express Co.Superior Court of Pennsylvania · 1913
- Geyer v. United States Express Co.Superior Court of Pennsylvania · 1912
- Zahloot v. Adams Express Co.Superior Court of Pennsylvania · 1912