Caldwell v. United States Express Co.
Superior Court of Pennsylvania
Appeal, No. 39, Oct.’ T., 1907, by defendants, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 2,883, on verdict for plaintiff in case of Albert Caldwell et al., trading as J. E. Caldwell & Company, to the use of J. Albert Caldwell et al., trading as J. E. Caldwell & Company, v. United States Express Company. Assumpsit to recover for loss of package of jewelry.
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Appeal, No. 39, Oct.’ T., 1907, by defendants, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 2,883, on verdict for plaintiff in case of Albert Caldwell et al., trading as J. E. Caldwell & Company, to the use of J. Albert Caldwell et al., trading as J. E. Caldwell & Company, v. United States Express Company. Assumpsit to recover for loss of package of jewelry. Before Stáake, J. The court charged in part as follows; Now, the claim in this case as you know is brought by the firm of J. E. Caldwell & Company, the well-known jewelers of this city, against the United States Express…
1Opinion of the Court
Opinion by
Head, J.,
In this action the plaintiffs seek to recover from the defendant, a common carrier, the value of a package of jewelry delivered to it in the city of Reading for carriage to them in the city of Philadelphia. In its affidavit of defense the defendant admitted “having received at Reading, Pennsylvania, on January 5, 1903, a package consigned to plaintiffs at Philadelphia, and that said package was lost, stolen or mislaid while in the custody of the defendant.” Had there been nothing else in the case the jury would have been warranted, under all of the authorities, in rendering…
2Cases cited2 opinions
- Relf v. RappSupreme Court of Pennsylvania · 1841
- Camden & Amboy Railroad v. BaldaufSupreme Court of Pennsylvania · 1851
3Cited by3 opinions
- Delmont v. Adams Express Co.Superior Court of Pennsylvania · 1913
- Beaumont v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1954
- Bast v. PlattSuperior Court of Pennsylvania · 1914