American Express Co. v. Sands
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county. This was an action of assumpsit by James Sands and Emery Daily, for use of W. H. Crowell, against The American Express Company, brought in October 1865, to recover the value of a barrel saw, shipped by them with the said express company, from Pittsburg to Irvine, Warren county, Pa. When the saw arrived at Irvine it was cracked from 8 to 10 inches. On account of being thus broken the defendants refused to receive it.
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Error to the Court of Common Pleas of Warren county. This was an action of assumpsit by James Sands and Emery Daily, for use of W. H. Crowell, against The American Express Company, brought in October 1865, to recover the value of a barrel saw, shipped by them with the said express company, from Pittsburg to Irvine, Warren county, Pa. When the saw arrived at Irvine it was cracked from 8 to 10 inches. On account of being thus broken the defendants refused to receive it. It was received at Irvine by the agent of the express company, December 12th 1864, and remained there until September 12th…
1Opinion of the Court
The opinion of the court was delivered, May 29th 1867, by
Thompson, J.
— The principles involved in this case were all discussed in an opinion delivered at this term, Farnham et at. v. The Camden and Amboy Railroad Co. It was there held that the company might limit the extent of liability in case of loss or injury, by a special contract or special acceptance of the goods to be carried, and thus become subject to the laws of bailment only ; but that there could be no limitation of liability where the loss or injury resulted from the negligence of the company or its servants.
Was there negligence…
2Cited by19 opinions
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Willock v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1895
- A. B. & J. Schaeffer v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1895
- Buck v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1892
- Hoyt v. Clinton Hotel Co.Superior Court of Pennsylvania · 1908
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