Reznor Manufacturing Co. v. Bessemer & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 120, Oct. T., 1911, by plaintiff, from judgment of C. P. Mercer Co., Oct. T., 1908, No. 153, on verdict for defendant in case of The Reznor Manufacturing Company v. The Bessemer & Lake Erie Railroad Company. Assumpsit against a common carrier. Before Williams, P. J. The opinion of the Supreme Court states the case. Errors assigned were various rulings and instructions.
1Opinion of the Court
Per Curiam,
Gas stoves delivered by the plaintiff to the defendant, at Mercer, Pa., for shipment to Shreveport, La., were injured by rust when they reached the latter place. There was no evidence of negligence by the carrier, and the plaintiff’s case rested on the bare presumption of the want of care, arising from the fact that the stoves were damaged in transit. This was met by affirmative proof that the stoves were placed in sound box. cars and protected from dampness from any cause against which it was the duty of a carrier to provide and by testimony tending to show that the rust was…
2Cases cited1 opinion
- Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
3Cited by23 opinions
- Zeman v. Canonsburg BoroughSupreme Court of Pennsylvania · 1966
- Leadenham's EstateSupreme Court of Pennsylvania · 1927
- Achenbach v. StoddardSupreme Court of Pennsylvania · 1916
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- Sikorski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
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